To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

RBR/ KrNi/7A34- /, A 2 / NgI
RECEIVED
OCT ^1 1993
LAW LIBRARY
NORTH CAROLINA
REGISTER
IN TfflS ISSUE
EXECUTIVE ORDERS
PROPOSED RULES
Commerce
Enviromnent, Health, and Natural Resources
Human Resources
Insurance
Pharmacy, Board of
Therapeutic Recreation Certification Board
RRC OBJECTIONS
RULES INVALIDATED BY JUDICIAL DECISION
CONTESTED CASE DECISIONS
ISSUE DATE: October 15, 1993
Volume 8 • Issue 14 • Pages 1308 - 1367
TNFORMATTON ABOUT THE NORTH CAROLINA REGISTER AND ADMTNISTRATTVE CODE
NORTH CAROLINA REGISTER TEMPORARY RULES
Tlie North Carolina Register is published twice a month and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
General Statutes. All proposed administrative rules and notices of
public hearings filed under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.
State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.
The North Carolina Register is available by yearly subscription
at a cost of one hundred and five dollars (5105.00) for 24 issues.
Individual issues may be purchased for eight dollars ($8.00).
Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings,
P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447.
Under certain emergency conditions, agencies may issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's written statement of
findings of need for the temporary rule pursuant to the provisions in
G.S. 150B-21.1. If the Codifier determines that the findings meet
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If
the Codifier determines that the fmdings do not meet the criteria,
the rule is returned to the agency. The agency may supplement its
findings and resubmit the temporary rule for an additional review
or the agency may respond that it will remain with its initial
position. The Codifier, thereafter, will enter the rule into the
NCAC. A temporary rule becomes effective either when the
Codifier of Rules enters the rule in the Code or on the sixth
business day after the agency resubmits the rule without change.
The temporary rule is in effect for the period specified in the rule or
180 days, whichever is less. An agency adopting a temporar,' rule
must begin rule-making procedures on the permanent rule at the
same time the temporary rule is filed with the Codifier.
ADOPTION AMENDMENT, AND REPEAL OF
RULES
NORTH CAROLINA ADMINISTRATIVE CODE
The following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
150B of the General Statutes.
Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may request
a hearing); a statement of procedure for public comments; the text
of the proposed rule or the statement of subject matter; the reason
for the proposed action; a reference to the statutory authority for the
action and the proposed effective date.
Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule tliat
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.
When final action is taken, the promulgating agency must file
the rule with the Rules Review Commission (RRC). After approval
by RRC, the adopted rule is filed with the Office of Administrative
Hearmgs (OAH).
A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative Code
(NCAC).
Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before filing with OAH for publication in the NCAC.
The North Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 stale
agencies and 38 occupational licensing boards. The NCAC
comprises approximately 15,000 letter size, single spaced pages of
material of which approximately 35% of is changed annually.
Compilation and publication of the NCAC is mandated by G.S.
150B-21.18.
The Code is divided into Titles and Chapters. Each state agency
is assigned a separate title which is further broken down by
chapters. Title 21 is designated for occupational licensing boards.
The NCAC is available in two formats.
(1) Single pages may be obtained at a minimum cost of
two dollars and 50 cents (S2.50) for 10 pages or less,
plus fifteen cents (S0.15) per each additional page.
(2) The full publication consists of 53 volumes, totaling in
excess of 15,000 pages. It is supplemented monthly
with replacement pages. A one year subscription to the
full publication including supplements can be
purchased for seven hundred and fifty dollars
(S750.00). Individual volumes may also be purchased
with supplement service. Renewal subscriptions for
supplements to the initial publication are available.
Requests for pages of rules or volumes of the NCAC should be
du'ected to the Office of Administrative Hearings.
CITATION TO THE NORTH CAROLINA
REGISTER
The North Carolina Register is cited by volume, issue, page
number and date. 1:1 NCR 101-201, April 1, 1986 refers to
Volume 1, Issue 1, pages 101 through 201 of the North Carolina
Register issued on April 1, 1986.
FOR INFORMATION CONTACT: Office of
Administrative Hearings, ATTN: Rules Division, P.O.
Drawer 27447, Raleigh, North Carolina 27611-7447, (919)
733-2678.
NORTH
CAROLINA
REGISTER
Office of Administrative Hearings
P. O. Drawer 27447
Raleigh, North Carolina 27611-7447
(919) 733-2678
Julian Mann III,
Director
James R. Scarcella Sr.
,
Deputy Director
Molly Masich,
Director of APA Services
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
ISSUE CONTENTS
I. EXECUTIVE ORDERS
Executive Orders 28-30 1308
II. PROPOSED RULES
Commerce
ABC Commission 1310
Banking Commission 1312
Environment, Health, and
Natural Resources
Soil and Water Conservation .... 1322
Human Resources
Facility Services 1312
Medical Assistance 1316
Insurance
Actuarial Services Division .... 1321
Financial Evaluation Division . . . 1317
Life and Health Division 1318
Licensing Boards
Pharmacy, Board of 1326
Therapeutic Recreation Certification
Board 1328
III. RRC OBJECTIONS 1333
IV. RULES INVALIDATED BY
JUDICIAL DECISION 1337
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions 1338
Text of Selected Decisions
92 OS? 1180 1346
92 DST 1439 1356
93 DST 0198 1360
VI. CUMULATFVE INDEX 1365
NORTH CAROLINA REGISTER
Publication Schedule
(July 1993 - May 1994)
Volume
and
Issue
Number
Issue
Date
Last Day
for
FiLmg
Last Day
for Elec-tronic
Filing
Earliest
Date for
Public
Hearing
75 days
from
notice
* End of
Required
Comment
Penod
30 days
from
notice
Last Day
to Submit
toRRC
** Earliest
Effective
Date
8:7 07/01/93 06/10/93 06/17/93 07/16/93 08/02/93 08/20/93 10/01/93
8:8 07/15/93 06/23/93 06/30/93 07/30/93 08/16/93 08/20/93 10/01/93
8:9 08/02/93 07/12/93 07/19/93 08/17/93 09/01/93 09/20/93 11/01/93
8:10 08/16/93 07/26/93 08/02/93 08/31/93 09/15/93 09/20/93 11/01/93
8:11 09/01/93 08/11/93 08/18/93 09/16/93 10/01/93 10/20/93 12/01/93
8:12 09/15/93 08/24/93 08/31/93 09/30/93 10/15/93 10/20/93 12/01/93
8:13 10/01/93 09/10/93 09/17/93 10/18/93 11/01/93 11/22/93 01/01/94
8:14 10/15/93 09/24/93 10/01/93 11/01/93 11/15/93 11/22/93 01/01/94
8:15 11/01/93 10/11/93 10/18/93 11/16/93 12/01/93 12/20/93 02/01/94
8:16 11/15/93 10/22/93 10/29/93 11/30/93 12/15/93 12/20/93 02/01/94
8:17 12/01/93 11/05/93 11/15/93 12/16/93 01/03/94 01/20/94 03/01/94
8:18 12/15/93 11/24/93 12/01/93 12/30/93 01/14/94 01/20/94 03/01/94
8:19 01/03/94 12/08/93 12/15/93 01/18/94 02/02/94 02/21/94 04/01/94
8:20 01/14/94 12/21/93 12/30/93 01/31/94 02/14/94 02/21/94 04/01/94
8:21 02/01/94 01/10/94 01/18/94 02/16/94 03/03/94 03/21/94 05/01/94
8:22 02/15/94 01/25/94 02/10/94 03/02/94 03/17/94 03/21/94 05/01/94
8:23 03/01/94 02/08/94 02/15/94 03/16/94 03/31/94 04/20/94 06/01/94
8:24 03/15/94 02/22/94 03/10/94 03/30/94 04/14/94 04/20/94 06/01/94
9:1 04/04/94 03/11/94 03/18/94 04/19/94 05/04/94 05/20/94 07/01/94
9:2 04/15/94 03/24/94 03/31/94 05/02/94 05/16/94 05/20/94 07/01/94
9:3 05/02/94 04/11/94 04/18/94 05/17/94 06/01/94 06/20/94 08/01/94
9:4 05/16/94 04/25/94 05/02/94 05/31/94 06/15/94 06/20/94 08/01/94
Note: Time is computed according to the Rules of Civil Procedure, Rule 6.
* An agency must accept comments fr)r at least 30 days after the proposed text is published or until the date
of any public hearing, whichever is longer See G.S. 150B-21. 2(f) for adoption procedures.
** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above,
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, ami
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next
calendar month.
Reiised 07/93
EXECUTIVE ORDERS
EXECUTIVE ORDER NUMBER 28
AGRICULTURE, FORESTRY, AND
SEAFOOD INDUSTRY ADVISORY
COMMITTEE
(b) Members of the Committee shall serve on a
voluntary basis without compensation of any sort,
including travel or subsistence allowable under
state law.
WHEREAS, the harvest of North Carolina's
fields, forests and waters is a principal element in
the economy of our State; and
WHEREAS, State policy on agriculture, forestry,
and the seafood industry as set by the Governor
should be developed with the advice of representa-tives
from those industries.
This Executive Order shall be effective immedi-ately.
Done in Raleigh, North Carolina, this the 28th
day of September, 1 993
.
EXECUTIVE ORDER NUMBER 29
TEACHER ADVISORY COMMITTEE
NOW, THEREFORE, by the authority vested in
me as Governor by the Constitution and laws of
North Carolina, IT IS ORDERED:
Section 1. COMMITTEE AND MEMBERSHIP
(a) There is hereby established the Advisory
Committee on Agriculture, Forestry, and the
Seafood Industry ("Committee").
(b) The Committee shall consist of at least 15
members who shall be appointed by the Governor.
The Governor shall appoint a Chair and Vice-
Chair of the Committee.
(c) Initially, one half of the members shall serve
for two-year terms, and one half shall serve one-year
terms. Thereafter, each member shall serve
a two-year term.
(d) Meetings may be called by the Governor or
the Chair, and shall be held at least quarterly.
Section 2. DUTIES
The Committee shall have the following func-tions
and duties:
(a) to advise the Governor concerning his
policies related to the harvest of fields,
forests, and waters;
(b) to afford citizens the opportunity to voice
their views, suggestions, and ideas re-garding
these matters;
(c) to advise the Governor about matters
revealed by its inquiries and presented to
it by the citizens of North Carolina;
which relate to fields, forests, and wa-ters;
and
(d) to undertake such other functions and
duties as may be assigned by the Gover-nor.
Section 3. ADMINISTRATION
(a) The Governor's Office shall provide such
clerical and other support services as may be
required by the Committee.
By the authority vested in me as Governor by the
Constitution and laws of the State of North Caroli-na,
IT IS ORDERED:
Section 1. Establishment .
There is hereby established A Teacher Advisory
Committee ("Committee"). The Committee shall
be composed of fifteen members appointed by the
Governor. The appointed members shall serve
two year terms. The Governor shall also appoint
the Chair.
Section 2. Meetings .
(a) The Committee shall meet at least once each
quarter and may hold special meetings at any time
at the call of the Chair or the Governor.
(b) The Committee must meet as a quorum. A
quorum, for the purposes of this Order, is defined
as a simple majority.
Section 3. Expenses and Administration.
(a) Committee members shall receive necessary
travel and subsistence expenses, in accordance
with North Carolina law. If they are not otherwise
reimbursed for their out-of-pocket expenditure of
$52.(X)/day substitute teacher pay, members may
request that amount as well.
(b) The Office of the Governor shall provide
staff and administrative support services for the
Committee.
Section 4. Duties
(a) Advise the Governor concerning the experi-ences
and reactions of teachers in the classrooms
of North Carolina and assist the Governor in his
eflForts to improve teaching conditions.
(b) Recommend ways to end intellectual isola-tion
among teachers and to increase meaningful
school-based decision making.
(c) Examine factors that encourage excellent
students to seek a career in teaching and highly
8:14 NORTH CAROLINA REGISTER October 15, 1993 1308
EXECUTIVE ORDERS
professional teachers to remain in the classroom.
Recommend ways to replicate those factors.
(d) Identify, recognize, and celebrate entrepre-neurial
schools and school systems in North
Carolina, i.e. those that take risks to improve
educational outcomes for children.
(e) Propose methods of rewarding teachers
achieving certification from the National Board for
Professional Teaching Standards.
(f) Serve as an advisory committee to the North
Carolina Standards and Accountability Commis-sion.
This Order shall be effective immediately.
Done in Raleigh, North Carolina, this the 28th
day of September, 1993.
EXECUTIVE ORDER NUMBER 30
fflGHWAY BEAUTIFICATION COUNCIL
(3) promote citizens' participation in the
department's volunteer beautification
programs;
(4) provide information to the citizens of
North Carolina concerning highway
beautification issues;
(5) promote anti-litter activities of the De-partment
of Transportation; and
(6) recommend measures to reduce solid
waste by 25% in 1993 and by 40% by
the year 2001.
Section 5. Administrative Support and Expens-es.
Administrative and other support services for the
Council shall be provided by the Department of
Transportation. Council members shall receive
reasonable travel and subsistence expenses in
accordance with state law. Expenses shall be paid
out of the Department of Transportation's budget.
By the authority vested in me as Governor by the
Constitution and laws of the State of North Caroli-na,
IT IS ORDERED:
Section 1. Establishment.
There is hereby established the Highway Beauti-fication
Council ("Council").
Section 6. Rescission.
Martin Administration Executive Order 126, as
amended, is hereby rescinded. The Council
created herein shall be the successor to that High-way
Beautification Council.
This Order shall be effective immediately.
Section 2. Membership.
The Council shall consist of 20 members to be
appointed by the Governor. Ten members shall
serve two-year initial terms and ten members shall
serve four-year initial terms. Thereafter, all
appointments shall be for four-year terms. Each
one of the transportation divisions shall be repre-sented
by one member. Six members shall repre-sent
the State at-large.
Done in Raleigh, North Carolina, this the 28th
day of September, 1 993
.
Section 3. Chair.
The Chair shall be chosen from among the
membership of the Council by the Governor and
shall serve as such at the pleasure of the Governor.
TTie Chair shall coordinate the activities of the
Council.
Section 4. Purpose.
The purpose of the Council is to:
(1) provide for citizens' input to the Depart-ment
of Transportation on new and exist-ing
highway beautification programs;
(2) make recommendations to the Depart-ment
of Transportation regarding expen-ditures
for the planting of wildflowers
and/or other fiora along State highways;
1309 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
TITLE 4 - DEPARTMENT OF
COMMERCE
lyotice is hereby given in accordance with G.S.
150B-2L2 that the North Carolina ABC Commis-sion
intends to amend rule cited as 4 NCAC 2S
.0612; and adopt rules cited as 4 NCAC 2S .0613
- .0616
1 he proposed effective date of this action is
January 1, 1994.
1 he public hearing will be conducted at 9:30
a.m. on November 19, 1993 at the Hearing Room,
North Carolina ABC Commission, 3322 Gamer
Road, Raleigh, NC 27610.
MXeason for Proposed Action: The proposed rules
are necessary due to recent changes made by the
General Assembly to the alcoholic beverage con-trol
laws.
(comment Procedures: Comments should be filed
by November 18, 1993 and addressed to:
Ann S. Fulton, Commission Counsel
North Carolina ABC Commission
PO. Box 26687
Raleigh, NC 27611
hiditor's Note: These Rules were filed as tempo-rary
rules effective September 24, 1993 for a
period of 180 days or until the permanent rule
becomes effective, whichever is sooner.
CHAPTER 2 - BOARD OF ALCOHOLIC
CO>rrROL
SUBCHAPTER 2S - RETAIL BEER: WINE:
MIXED BEVERAGES: BROWNBAGGEVG:
ADVERTISING: SPECIAL PERMITS
SECTION .0600 - SPECIAL
REQUIREMENTS FOR CONVENTION
CENfTERS, COMMUNITY THEATRES,
SPORTS CLUBS, AND NOIVPROFIT AND
POLITICAL ORGANIZATIONS
,0612 RECORD KEEPING
(a) Convention centers, community theatres,
sports olubs, nonprofit and political organizations
holding Mixed Beverages permits shall maintain
full and accurate monthly records of their finances,
separately indicating each of the following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and
the quantity of spirituous liquor pur-chased;
(2) amounts collected from the sale of
mixed beverages and, by brand and
container size, the quantity of spirituous
liquor sold;
(3) the quantity of spirituous liquor, by
brand and container size, that was not
sold but is no longer on the premises
due to stated reasons, such as breakage
or theft.
(b) Segregation of Records. Records of pur-chases
of spirituous liquor and sales of alcoholic
beverages shall be filed separate and apart from all
other records maintained on the premises.
(c) Retention and Inspection of Records. Re-cords,
including original invoices related to alco-holic
beverages and mixed beverages, shall be
maintained on the premises for three years and
shall be open for inspection or audit pursuant to
G.S. 183-502.
(d) Submission of Financial Records. A permit-tee
holding a Mixed Beverages permit under this
Rule shall submit to the Commission for its re-view,
on forms provided by the Commission,
regular reports summarizing the information
required to be maintained by the rule. These
reports shall be submitted on a quarterly basis
during the first year of operation as a licensed
premises, and thereafter, on an annual basis or on
a schedule set by the Commission.
Statutory Authority G.S. 18B-207: 18B-1007.
.0613 SPORTS CLUB: DEFINITIONS
In interpreting the term sports club as contained
in OS^ 183-1000(8), the following definitions
shall apply:
(1) "Equipment" means golf clubs, tennis
rackets, golf and tennis balls, golf and
tennis shoes, golf and tennis gloves, golf
tees, golf and tennis clothing, and other
items worn or utilized by the golfer or
tennis player while engaged in the activi-ties
of golf or tennis.
12} "Golf course" means an 18 hole course
13}
designed and maintained for the play of
the game of golf with a total tee to green
length of at least 4,000 yards.
"Gross receipts for alcoholic beverages"
means all sales of beer, wine and spiritu-
8:14 NORTH CAROLINA REGISTER October 15, 1993 1310
PROPOSED RULES
ous liquor including any mixers sold in
mixed beverages.
(4) "Receipts for food" means that portion of
the establishment's sales which can be
attributed to the sale of food and non-alcoholic
beverages, which portion is to
be determined in accordance with the
provisions of 4 NCAC 2S .0519(13) and
M.
(5) "Restaurant" means restaurant as defined
in OS, 186-1000(6) and 4 NCAC 2S
.0105.
(6) "Tennis court" means a 60 foot by 120
foot surface composed of asphalt, con-crete,
composite, grass or other similar
material which is constructed and main-tained
so as to permit the play of tennis
on a regular basis and which is complete-ly
enclosed by a chain link, particle
board or other comparable fence.
Statutory Authority G.S. 18B-207: 18B-1000(5a);
18B-1008.
.0614 SPORTS CLUB: REQUIREMENTS
FOR RECEIVING AND HOLDING
PERMITS
To be eligible to receive and to hold ABC per-mits
as a sports club, in addition to the require-ments
imposed by G.S. 18B-1000(8), an establish-ment
shall:
(1) operate a golf course or a tennis court or
both on its premises, and
(2) derive at least 15% of its club activity
fees on an annual basis from sources
other than receipts for food.
Statutory Authority G.S. 188-207; 18B-1000(5a);
18B-1008.
.0615 SPORTS CLUB: CLUB ACTIVITY
FEES
Club activity fees may only include revenues
from the following:
(1) membership dues;
(2) court or greens fees paid by patrons for
the privilege of using the golf course or
the tennis court located on the sports
club's premises;
(3) receipts for food if the establishment
operates a restaurant on its licensed
premises;
(4) equipment sales on the sports club's
licensed premises;
(5) golf cart rental fees;
(6) teaching fees paid to golf or tennis pro-fessionals
for lessons given on the sports
club's premises;
(7) equipment rental fees, if the equipment is
rented for use on the sports club's golf
course or tennis court;
(8) entry fees for golf or tennis tournaments
held on the sports club's premises;
(9) revenue generated by the sale of tickets
to golf or tennis tournaments held on the
sports club's premises.
Statutory Authority G.S. 18B-207; 18B-1000{5a);
18B-1008.
.0616 SPORTS CLUB: RECORD KEEPING
REQUIREMENTS
(a) Monthly Records. A sports club holding
ABC permits issued by the Commission shall
maintain full and accurate monthly records of the
following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and
the quantity of spirituous liquor pur-chased;
(2) amounts collected from the sale of
mixed beverages and, by brand and
container size, the quantity of spirituous
liquor sold;
(3) the quantity of spirituous liquor, by
brand and container size, that was not
sold but Is no longer on the premises
due to stated reasons, such as breakage
or theft;
(4) amounts collected from the sale of malt
beverages, fortified wine, and unforti-fied
wine;
(5) amounts collected from club activity
fees, excluding receipts for food;
(6) receipts for food.
(b) The records required to be kept by this Rule
shall be kept separate and apart from all other
records maintained on the premises.
(c) Records, including original invoices related
to alcoholic beverages and mixed beverages, shall
be maintained on the premises for three years and
shall be open to inspection or audit pursuant to
G.S. 18B-502.
(d) A sports club holding ABC permits shall
submit to the Commission for its review, on forms
provided by the Commission, regular reports
summarizing the information required by this
Rule. These reports shall be submitted on a
quarterly basis during the first year of operation
with sports club ABC permits, and thereafter, on
1311 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
an annual basis or on a schedule set by the Com-mission.
Statutory Authority G.S. 18B-207; 18B-1000(5a);
18B-10O8.
Notice is hereby given in accordance with G.S.
150B-2L2 that the North Carolina Banking Com-mission
intends to adopt rule cited as 4 NCAC 3F
.0202.
1 he proposed effective date of this action is
January 1 , 1994.
1 he public hearing will be conducted at 8:30
a.m. on November 1 , 1993 at the North Carolina
Banking Commission, 430 N. Salisbury Street,
Dobbs Bldg., Room 6227, 6th Floor, Raleigh,
North Carolina 27626.
MXeason for Proposed Action: To implement the
provisions of Article 16, Chapter 53 of the North
Carolina General Statutes.
(comment Procedures: Comments may be made
orally or in writing and must be submitted no later
than November 15, 1993. Please direct comments
to T. Mercedes Oglukian, Special Counsel, 430 N.
Salisbury Street, Dobbs Bldg., Box 29512, Ra-leigh,
NC 27626-0512, Tel. (919) 733-3016, Fax
(919) 733-6919.
CHAPTER 3 - BANKING COMMISSION
SUBCHAPTER 3F - LICENSEES UNDER
MONEY TRANSMITTERS ACT
SECTION .0200 - ADMINISTRATIVE
.0202 PERMISSIBLE INVESTMENTS
For the purposes of G.S. 53-193(4)(e). invest-ments
that are approved by the Commissioner shall
include the following:
(1) Certificates of deposit or other debt
instruments of financial depository insti-tutions
organized under the laws of the
United States or any state of the United
States.
(2) Bills of exchange or time drafts drawn
upon and accepted by a financial deposi-tory
institution organized under the laws
of the United States or any state of the
United States, otherwise known as
bankers' acceptances, which are eligible
for purchase by member banks of the
Federal Reserve System
.
(3) Commercial Paper bearing a rating of
one of the three highest grades by a
nationally recognized organization which
rates such securities and has been
engaged regularly in the business of
rating such securities for a period of not
less than five years.
(4) Interest-bearing bills, notes, bonds,
debentures, or preferred stock traded on
any national securities exchange or on a
national over-the-counter market bearing
a rating of one of the three highest grades
by a nationally recognized investment
service organization that has been
engaged regularly in the business of
rating corporate debt and equity issues
for a period of riot less than five years.
Statutory Authority G.S. 53-193; 53-206. 1.
TITLE 10 - DEPARTMENT OF
HUMAN RESOURCES
jyiotice is hereby given in accordance with G.S.
150B-21.2 that the Division of Facility Services
(Medical Care Commission) intends to adopt rules
cited as 10 NCAC 3C .2101 - .2105; amend 3C
.0201 and 3D .1301 - .1302.
1 he proposed effective date of this action is
February 1, 1994.
J. he public hearing will be conducted at 9:30
a.m. on December 3, 1993 at the Nations Bank
Markets, Inc. , 100 North Tryon Street, 6th Floor
Assembly Room, Charlotte, NC 28255-0001.
MXeason for Proposed Action:
10 NCAC 3C .0201, .2101 - .2105 - To incorpo-rate
recent legislative changes in hospital licensure
rules that enable rural hospitals to participate in
new federal programs.
10 NCAC 3D .1301 - .1302 - To make the length
of certification for Ambulance Attendants and
Emergency Medical Technicians consistent with the
certification period in HB 508 which was ratified
8:14 NORTH CAROLINA REGISTER October 15, 1993 1312
PROPOSED RULES
effective June 8, 1993.
i^omment Procedures: In order to allow Commis-sion
members sufficient time to review and evalu-ate
your written comments, submit your comments
to Jackie Sheppard, APA Coordinator, DPS, P. O.
Box 29530. Raleigh, NC 27626-0530, telephone
(919) 733-2342 by November 15. 1993 but in no
case, later than December 3, 1993.
CHAPTER 3 - FACILITY SERVICES
SUBCHAPTER 3C - LICENSEVG
OF HOSPITALS
SECTION .0200 - GENERAL
.0201 CLASSIFICATION OF
MEDICAL FACILITIES
fa) The classification of "hospital" shall be
restricted to facilities that provide as their primary
functions diagnostic services and intensive medical
and nursing care in the treatment of acute stages of
illness. On the basis of specialized facilities and
sers'ices available, each such hospital will be
licensed as to the following medical types;
(1) general acute care hospital;
(5^ tuberculosis;
(2) (^ rehabilitation including orthopedics;
hospital ;
pediatric;
{§) eye . ear. nose and throat;
{6) physician's clinic—hospital;
O) designated primary care hospital;
(4) federally certified primary care hospi-taL
Extenuating circumatancos will be considered in
continuing th e lic e nse classification of a fhcilit^'
licensed as a ho s pital prior to September 1. 1960.
(h>) All other inpatient medical facilities accept-ing
patients requiring skilled nursing ser\'ices but
which are not operated as a part of any hospital
within the above meaning shall be considered to
operating as a nursing home and therefore are not
subject to hospital licensure.
(c) Each hospital applying for licensure will be
classified in accordance with the determination of
the Division of Facility Services.
Statutory Authority G.S. 131E-76; 131E-79.
SECTION .2100 - SUPPLEMENTAL RULES
FOR THE LICENSURE OF
DESIGNATED PRIMARY CARE
HOSPITALS AND FEDERALLY
CERTIFIED PRIMARY CARE HOSPFTALS
.2101 SUPPLEMENTAL RUXES
The Rules of this Section pertain only to formally
designated Primary Care Hospitals or Federally
Certified Primary Care Hospitals. The general
requirements of this Subchapter shall apply to such
hospitals except where they are specifically waived
or modified by the rules of this Section.
Statutory- Authority G.S. 131E-76: 131E-79.
.2102 DEFINITIONS
The following definitions shall apply throughout
this Section, unless text otherwise clearly indicates
to the contraryi
(1) "Available" means provided directly by
the Hospital or by written agreement with
a qualified provider of the service within
one hour.
"Designated Priman,' Care Hospital"
means a hospital designated by the North
Carolina Office of Rural Health and
Resource Development in accordance
with N.C.G.S. 131E-76(6).
"Federally Certified Primary Care Hospi-tal"
means a hospital v>'hich has been
designated and certified as a Federally
Certified Rural Primary Care Hospital
under the Essential Access Community
Hospital Program administered through
the North Carolina Office of Rural
Health and Resource Development m
accordance with PL. 101-239 and P.L.
101-508.
£2]
13)
(4) "Primars' Care Inpatient Services" means
that the hospital provides acute care
inpatient services appropriate to the level
of ser\'ice at the facility up to a ma-xi-mum
annual average daily census of 15
patients per day. In addition, the hospital
may also provide long term care in
"sv>'ing bed" or distinct part status and
psychiatric distinct part beds.
Statutory Authority G.S 131E-76: 131E-79.
.2103 LICENSURE APPLICATION
An application from a hospital seeking to be
licensed under the rules of this Section must be
accompanied by written certification from the
North Carolina Office of Rural Health and Re-source
Development that the hospital is a Designat-ed
Primary Care Hospital or a Federally Certified
1313 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
Primary Care Hospital.
Statutory Authority G.S. 131E-76; 131E-79.
.2104 FEDERALLY CERTIFIED PRIMARY
CARE HOSPITAL
(a) Ihe requirements of 10 NCAC 3C .0300
through .2100 shall be waived for a hospital which
the North Carolina Office of Rural Health and
Resource Development certifies as a designated
Federally Certified primary Care Hospital.
(b) TTie Division reserves the right to conduct
any validation survey or investigation of a specific
complaint in hospitals which choose to be licensed
as a Federally Certified Primary Care Hospital.
Statutory Authority G.S. 131E-76; 121E-79.
.2105 DESIGNATED PRIMARY CARE
HOSPITALS
The requirements of 10 NCAC 3C shall apply to
Designated Primary Care Hospitals with the
following modifications:
(1) Autopsy facilities required in Rule .0704
of this Subchapter are not required for a
Designated Primary Care Hospital, pro-vided
that the hospital has in effect a
written agreement with another licensed
hospital meeting Rule .0704 of this Sub-chapter
for providing autopsy services.
(2) Radiological services required in Section
.0800 of this Subchapter are not required
for Designated Primary Care Hospitals
provided that the hospital has in effect a
written agreement which makes radiologi-cal
service available.
£3} Emergency services required in Section
.1000 of this Subchapter are not required
for Designated Primary Care Hospitals.
Medical staff of a Designated Primary
Care Hospital shall assure that hospital
personnel are capable of initiating life-saving
measures at a first-aid level of
response for any patient or person in
need of such services. This shall in-clude:
ia}
£b}
M
Establishing protocols or agreements
with any hospital providing emergency
Initiating basic cardio-respiratory resus-citation
according to the American Red
Cross or American Heart Association
standards;
Availability of inter-veinous fluids and
supplies required to establish inter-veinous
access; and
(d) Availability of first-line emergency
drugs as specified by the medical staff.
(4) Anesthesia services required in Section
.1200 of this Subchapter are not required
in Designated Primary Care Hospitals not
offering outpatient surgery services.
(5) Food services required in Section .1600
of this Subchapter must be provided for
inpatients of Designated Primary Care
Hospitals either directly or made avail-able
through contractual arrangements.
Statutory Authority G.S. 131E-76; 131E-79.
SUBCHAPTER 3D - RULES AND
REGULATIONS GOVERNING
AMBULANCE SERVICE
SECTION .1300 - CERTIFICATION
REQUIREMENTS FOR BASIC LIFE
SUPPORT PERSONNEL
.1301 CERTIFICATION REQUIREMENTS:
AMBULANCE ATTENDANT
(a) To become certified as an Ambulance Atten-dant,
a person must successfully complete either of
the following options:
OPTION I
(1) Be at least 18 years of age;
(2) Pass a physical examination performed
by a physician documenting the ability
to function as an Ambulance Attendant;
(3) Successfully complete, within one year
prior to application, an Ambulance
Attendant training course approved by
the Office of Emergency Medical Ser-vices,
following guidelines established
by the Commission. When training
was completed over one year prior to
application, a person must submit evi-dence
of completion of pertinent re-fresher
training in emergency medicine
taken in the past year for approval by
the Office of Emergency Medical Ser-vices;
(4) Pass a basic life support practical exam-ination
administered by the Office of
Emergency Medical Services; and
(5) Pass either an Ambulance Attendant
written examination, or an oral exami-nation
at the option of the applicant,
administered by the Office of Emergen-cy
Medical Services; or
OPTION II
8:14 NORTH CAROLINA REGISTER October 15, 1993 1314
PROPOSED RULES
( 1 ) Be at least 1 8 years of age;
(2) Pass a physical examination performed
by a physician documenting the ability
to function as an Ambulance Attendant;
(3) Successfully complete, within one year
prior to application, an Emergency
Medical Technician training course
approved by the Office of Emergency
Medical Services, following guidelines
established by the Commission. When
training was completed over one year
prior to application, a person must
submit evidence of completion of perti-nent
refresher training in emergency
medicine taken in the past year for
approval by the Office of Emergency
Medical Services;
(4) Pass a basic life support practical exam-ination
administered by the Office of
Emergency Medical Services; and
(5) Complete an Emergency Medical Tech-nician
written examination administered
by the Office of Emergency Medical
Services and achieve a minimum score
of 55%.
(b) Persons holding current certification equiva-lent
to an Ambulance Attendant with another state
where the training and certification requirements
have been approved for reciprocity by the Office
of Emergency Medical Services may become
certified by:
(1) Presenting evidence of such certifica-tion
for verification by the Office of
Emergency Medical Services; and
(2) Meeting the criteria specified in Sub-paragraphs
(a)(1) and (a)(2), of this
Rule.
(c) Certification obtained through reciprocity
shall be valid for a period not to exceed the length
of the current certification or a period not to
exceed twe four years whichever is shorter. No
certification shall be valid for a period exceeding
twe four years. Persons who live in a state that
borders North Carolina and are currently affiliated
with an ambulance provider in North Carolina may
continue to obtain a North Carolina certification
through reciprocity if they continue to meet the
recertification requirements in the state in which
they reside. Persons who live in North Carolina
and are currently certified in another state that
borders North Carolina may continue to obtain a
North Carolina certification through reciprocity if
they continue to meet the recertification require-ments
in the state in which they are certified.
Persons who were previously certified in North
Carolina and are currently certified in another state
or with the National Registry of Emergency
Medical Technicians, must present evidence of
pertinent refresher training and skill evaluation
prior to becoming certified through reciprocity.
(d) To become recertified as an Ambulance
Attendant a person must successfully complete
either of the following options:
OPTION I
(1) A physical examination performed by a
physician documenting the ability to
function as an Ambulance Attendant;
(2) An Ambulance Attendant refresher
training program, approved by the
Office of Emergency Medical Services,
following guidelines established by the
Commission;
(3) A basic life support practical examina-tion
administered by the Office of
Emergency Medical Services; or
OPTION II
(1) A physical examination performed by a
physician documenting the ability to
function as an Ambulance Attendant;
(2) A continuing education program taught
or coordinated by an approved EMT
Instructor, following guidelines estab-lished
by the Commission; and
(3) A basic life support skill evaluation(s)
conducted under the direction of the
approved EMT Instructor assessing the
ability to perform the skills of an Am-bulance
Attendant, approved by the
Office of Emergency Medical Services,
following guidelines established by the
Commission.
Statutory Authority G.S. 131E-159(b); 1984 S.L.,
c. 1034.
.1302 CERTIFICATION REQUIREMENTS:
EMERGENCY MEDICAL
TECHNICIAN
(a) To become certified as an Emergency Medi-cal
Technician, a person shall meet the following
criteria:
(1) Be at least 18 years of age;
(2) Pass a physical examination performed
by a physician documenting the ability
to function as an Emergency Medical
Technician;
(3) Successfully complete, within one year
prior to application, an Emergency
Medical Technician training course
1315 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
approved by the Office of Emergency
Medical Services, following guidelines
established by the Commission. When
training was completed over one year
prior to application, a person must
submit evidence of completion of
pertinent refresher training in
emergency medicine taken in the past
year for approval by the Office of
Emergency Medical Services;
(4) Pass a basic life support practical
examination administered by the Office
of Emergency Medical Services; and
(5) Pass an Emergency Medical Technician
written examination administered by the
Office of Emergency Medical Services.
(b) Persons holding current certification
equivalent to an Emergency Medical Technician
with the National Registry of Emergency Medical
Technicians or in another state where the training
and certification requirements have been approved
for reciprocity by the Office of Emergency
Medical Services may become certified by:
(1) Presenting evidence of such
certification for verification by the
Office of Emergency Medical Services;
and,
(2) Meeting the criteria specified in
Subparagraphs (a)(1) and (a)(2) of this
Rule.
(c) Certification obtained through reciprocity
shall be valid for a period not to exceed the length
of the current certification or a period not to
exceed two four years whichever is shorter. No
certification shall be valid for a period exceeding
twe four years. Persons who live in a state that
borders North Carolina and are currently affiliated
with an ambulance provider in North Carolina may
continue to obtain a North Carolina certification
through reciprocity if they continue to meet the
recertification requirements in the state in which
they reside. Persons who live in North Carolina
and are currently certified in another state that
borders North Carolina may continue to obtain a
North Carolina certification through reciprocity if
they continue to meet the recertification
requirements in the state in which they are
certified. Persons who were previously certified
in North Carolina and are currently certified in
another state or with the National Registry of
Emergency Medical Technicians, must present
evidence of pertinent refresher training and skill
evaluation prior to becoming certified through
reciprocity.
(d) To become recertified as an Emergency
Medical Technician a person must successfully
complete either of the following options:
OPTION I
(1) A physical examination performed by a
physician documenting the ability to
function as an Emergency Medical
Technician;
(2) An Emergency Medical Technician
refresher training program approved by
the Office of Emergency Medical Ser-vices,
following guidelines established
by the Commission;
(3) A basic life support practical examina-tion
administered by the Office of
Emergency Medical Services; or
OPTION II
(1) A physical examination performed by a
physician documenting the ability to
function as an Emergency Medical
Technician;
(2) A continuing education program taught
or coordinated by an approved EMT
Instructor, following guidelines estab-lished
by the Commission; and
(3) A basic life support skill evaluation(s)
conducted under the direction of the
approved EMT Instructor assessing the
ability to perform the skills of an Emer-gency
Medical Technician, approved by
the Office of Emergency Medical Ser-vices,
following guidelines established
by the Commission.
Statutory Authority G.S. 1 31 E- 159(b); 1984 S.L.,
c. 1034.
* *
J\otice is hereby given in accordance with G.S.
150B-21.2 that the DHR/Division of Medical
Assistance intends to adopt rule cited as 10 NCAC
26H .0509. The existing Rule 10 NCAC 26H
.0509 will be recodified as 10 NCAC 26H .0510.
1 he proposed effective date of this action is
January 1, 1994.
1 he public hearing will be conducted at 1:30
p.m. on November 16, 1993 at the North Carolina
Division of Medical Assistance, 1985 Urnslead
Drive, Room 132, Raleigh, NC 27626.
8:14 NORTH CAROLINA REGISTER October 15, 1993 1316
PROPOSED RULES
Keason for Proposed Action: Rule necessary to
establish reimbursement for Private Duty Nursing
and Private Duty Nursing - Medical Supplies.
i^omment Procedures: Written comments con-cerning
this adoption must be submitted by Novem-ber
16, 1993, to: Division of Medical Assistance,
1985 Umstead Drive, Raleigh, NC 27626 ATTN:
Clarence Ervin, APA Coordinator Oral comments
may be presented at the hearing. In addition, a
fiscal impact statement is available upon written
request from the same address.
CHAPTER 26 - MEDICAL ASSISTANCE
SUBCHAPTER 26H - REIMBURSEMENT
PLANS
SECTION .0500 - REIMBURSEMENT
FOR SERVICES
.0509 PRIVATE DUTY NURSING
(a) Private duty nursing services are reimbursed
at the lower of billed customary charges or an
established hourly rate. The rate is derived from
the average billed charges per hour in the base
year and, beginning July l^ 1990. is adjusted
annually by the percentage change in the rate for
a skilled nursing visit by a home health agency.
(h) EfFective October l_^ 1993, payment for
Private Duty Nursing Medical Supplies, except
those related to provision and use of DME, shall
be reimbursed at the lower of a provider's billed
customary charges or the maximum fee established
for certified home health agencies. The maximum
amount for each item is determined by multiplying
the prevailing Medicare Part B allowable amount
by 145 percent to account for the allocation of
overhead costs and by 80 percent to encourage
maximum efficiency. Fees will be established
based on average, reasonable charges if a Medi-care
allowable amount cannot be obtained for a
particular supply item. The Medicare allowable
amounts will be those amounts available to the
Division of Medical Assistance as of July X of
each year. This reimbursement limitation shall
become effective in accordance with the provisions
of G.S. 108-A-55(c).
Authority G.S. 108A-25(b); 108A-54: 42 C.F.R.
440.80.
TITLE 11 - DEPARTMENT OF
INSURANCE
ISotice is hereby given in accordance with G.S.
150B-21.2 that the N.C Department of Insurance
intends to amend rule cited as 11 NCAC IIB
.0611.
1 he proposed effective date of this action is
January 1 , 1994.
I he public hearing will be conducted at 10:00
a.m. on November 9, 1993 at the Dobbs Building,
3rd Floor Hearing Room, 430 N. Salisbury Street,
Raleigh. N.C. 27611.
Jxeason for Proposed Action: To update and
clarify the requirements for deposits and excess
insurance for groups of employees that self-insure
their workers ' compensation liabilities.
(comment Procedures: Written comments may be
sent to Ray Martinez at P.O. Box 26387, Raleigh,
N. C. 27611. Oral presentations may be made at
the public hearing. Anyone having questions
should call Ray Martinez at (919) 733-5633 or
Ellen Sprenkel at (919) 733-4529.
CHAPTER 11 FINANCIAL EVALUATION
DIVISION
SUBCHAPTER IIB - SPECIAL PROGRAMS
SECTION .0600 - WORKERS'
COMPENSATION SELF-INSURANCE
.0611 DEPOSITS: BONDS: EXCESS
INSURANCE - GROUPS
(a) Each group shall deposit with the Commis-sioner,
not later than the effective date of cover-age,
cash or acceptable securities, or post a surety
bond issued by a corporate surety, in an amount
equal to ten percent of the group's total annual
premium, but not less than three six hundred
thousand dollars ($300,000) ($600.000) nor to
exceed six hundred thouoand dollars ($600. (X)0) .
For good cause shown If it is actuarially required .
the Commissioner meef shall require a surety bond
or security deposit in excess of #ve six hundred
thousand dollars ($500,000) ($600.000), actuarially
commensurate with the risk of the group .
(b) The amount of the security deposit or bond
required shall be determined at least annually by
1317 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
the Commissioner based on data submitted by the
group to the Commissioner.
(c) Each group shall maintain specific excess
insurance with a limit of at least efte five million
dollars ($1,000,000) ($5.000.Q00) . Groups com-prising
businesses with high risks of multiple
injuries from single occurrences may be required
by the Commisfiioncr to shall maintain higher
limits^ actuarially commensurate with the risks
involved . With respect to specific excess insur-ance,
a group's retention shall be the lowest
retention generally available for groups with
similar exposures and annual premium; but the
Commissioner may, in his discretion, shall require
higher retention levels consistent with the group's
claims experience and financial condition.
Statutory Authority G.S. 58-2-40; 97-93.
J\otice is hereby given in accordance with G.S. 150B-21.2 that the N. C. Department of Insurance intends
to adopt rules cited as 11 NCAC 12 .0712 - .0714, . 1401 - . 1404.
1 he proposed effective date of this action is January 1, 1994.
I he public hearing will be conducted at 10:00 a. m. on November 9, 1993 at the Dobbs Building, 3rd Floor
Hearing Room, 430 N. Salisbury Street, Raleigh, N.C. 27611.
iveason for Proposed Action:
II NCAC 12 .0712 - .0714 - Prescribe disclosure language for new coverages that go into effect January
1. 1994.
11 NCAC 12 .1401 - .1404 - To comply with G.S. 58-67-35(a)(6)d, which requires the Commissioner to
adopt rules for HMO point-of-service plans.
i^omment Procedures: Written comments may be sent to Rodney Finger at P.O. Box 26387, Raleigh, N. C.
27611. Oral presentations may be made at the public hearing. Anyone having questions should call Rodney
Finger (919) 733-5060 or Ellen Sprenkel at (919) 733-4529.
CHAPTER 12 - LIFE AND HEALTH DIVISION
SECTION .0700 - CREDIT INSURANCE AND CREDIT LIFE: ACCIDENT AND
HEALTH INSURANCE
.0712 TRUNCATED COVERAGE NOTICE
The following notice must appear ]n bold print on the face of the individual policy or certificate of
truncated credit insurance:
NOTICE: The death benefit in this policy may not completely pay off your loan.
If the term of your loan is longer than the term of this insurance, the
death benefit is only payable if death occurs during the term of the
insurance. Total disability benefits will not be paid for any period of
8:14 NORTH CAROLINA REGISTER October 15, 1993 1318
PROPOSED RULES
total disability continuing after the termination date shown in the
schedule.
Statutory Authority G.S. 58-2-40: 58-57-20; 58-57-70.
.0713 REVOLVING OR OPEN-END CREDIT
INSURANCE
The following notice must appear m bold print on the face of an individual policy or certificate of credit
insurance written under G.S. 58-57-105 to address the effective date and termination date of coverage:
NOTICE: Coverage will begin when your account has an open balance and will
continue, subject to other provisions m this policy, as long as your
account has an open balance. Coverage will end when your account
does not have an open balance. Coverage will automatically resume
when your account has another open balance, subject to the termina-tion
provisions In this policy.
Statutory Authority G.S. 58-2-40: 58-57-70; 58-57-105.
.0714 AMOUNT OF CREDIT LIFE
INSURANCE
The phrase, "an amount equal to three monthly
installments or the equivalent thereof", as used m
G.S. 58-57-15(a)(l). means an amount that, when
added to the scheduled amount of unpaid indebted-ness
less any unearned interest or finance charges,
does not exceed the initial total amount payable
under the contract of indebtedness.
Statutory Authority G.S 58-2-40; 58-57-15(a)(1);
58-57-70.
SECTION .1400- HMO:
POENTT-OF-SERVICE
.1401 APPLICABILITY AND SCOPE
This Section applies to any HMO that, under
G.S. 58-67-35(a)(6)d. ofibers coverage to its
enrollees for health care services that are received,
other than in an emergency, from:
(1) Providers who are not employed by,
under contract with, or otherwise
affiliated with the HMO: or
(2) Providers who are employed by, under
contract with, or otherwise affiliated with
the HMO in instances when such services
are not received in compliance with the
HMO's health care plan requirements.
Statutory Authority G.S 58-2-40; 58-67-35;
58-67-150.
.1402 DEFINITIONS
In this Section, unless
indicates otherwise:
m
£2}
£3}
£4}
15}
i6i
"Coinsurance" means the percentage of
an allowed charge or expense for a
covered health care service that an
enrollee must pay.
"Copayment" means a fixed dollar
amount that an enrollee must pay each
time a covered health care service is
provided.
"Deductible" means a specified amount
of covered health care services,
expressed in dollars, that must be
incurred by an enrollee before the HMO
will assume any financial liability for all
or part of covered health care services.
the context clearly
"In-plan covered services" means covered
health care services that are received
according to the rules of the health care
plan from providers employed by. under
contract with, or approved in advance by
the HMO; and means emergency health
care services.
"Out-of-plan covered services" means
non-emergency, medically necessary
covered health care services that are not
received according to the rules of the
health care plan, including services from
affiliated providers that are received
without the approval of the HMO.
"Out-of-pocket expense" means a
specified dollar amount of coinsurance
incurred and payable by an enrollee for
covered health care services in a
specified period; but does not include
deductible amounts, copayment amounts,
charges in excess of the amount allowed
by the HMO, amounts exceeding the
1319 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
I
maximum benefits, nor any disallowed or
noncovered expenses under the rules of
the health care plan.
(7) "Point-of-service product" means a
feature in a health care plan that provides
benefits for both in-plan covered services
and out-of-plan covered services.
(8) The definitions contained in G.S. 58-67-5
are incorporated into this Section by
reference.
Statutory Authority
58-67-150.
G.S. 58-2-40; 58-67-35;
\
>
,1403 GE>fERAL REQUIREMEISTS
No HMO shall provide any point-of-service
product unless it complies with the following
requirements and with G.S. 58-67-10(d)(l):
(1) Where the covered benefits of a
point-of-service product include
coinsurance, the difiFerence in coinsurance
rates between in-plan covered services
and out-of-plan covered services shall not
exceed 30 percentage points.
(2) If the schedule of benefits for a
point-of-service product imposes a
deductible for in-plan covered services,
the amount of any annual deductible per
enrollee or per family for out-of-plan
covered services may not exceed five
times the amount of the corresponding
annual deductible applied to in-plan
covered services.
("3) If the schedule of benefits for a
point-of-service product does not include
an annual deductible for in-plan covered
services, the annual deductibles for
out-of-plan covered services shall not
exceed two thousand dollars ($2000) per
enrollee and the family deductible may
not exceed three times the amount of the
corresponding annual deductible for the
enrollee.
(4) The portion of any charge for out-of-plan
covered services to be applied to an
annual deductible may be based on the
amount the HMO would have recognized
as an allowable charge had the service
been rendered as an in-plan covered
service.
(5) If there is a lifetime maximum benefit for
in-plan covered services, the amount of
any annual and lifetime maximum limits
for out-of-plan covered services shall not
be less than one-half of the amount of
(61
01
£8)
19}
(10)
any annual and lifetime maximum limits
for in-plan covered services.
If a point-of-service product includes
copayments for both in-plan covered
services and out-of-plan covered services,
the amount of the copayment for an
out-of-plan covered service shall not
exceed the copayment for an in-plan
covered service by more than fifty dollars
($50.00) or 100%. whichever is greater.
A point-of-service product shall make all
mandated benefits available in the form
of in-plan covered services.
Point-of-service products shall provide
incentives, including financial incentives,
for enroUees to use in-plan covered
services.
Any offered out-of-plan covered service
must be available on an in-plan covered
service basis.
A HMO ofiFering a point-of-service
product may exclude coverage for
preventive health care services provided
on an out-of-plan basis.
Point-of-service products shall give
enrollees the option to choose in-plan
covered services or out-of-plan covered
services each time such covered services
are authorized, obtained, or rendered.
Statutory Authority
58-67-150.
G.S 58-2-40; 58-67-35;
.1404 DISCLOSURE REQUIREMENTS
(a) Every explanation of benefits shall contain
an explanation of coverage for out-of-plan covered
services that allows each enrollee to determine his
or her obligations with respect to such services.
(b) All marketing materials, evidences of
coverage, enrollee handbooks, and other materials
given to enrollees by an HMO that off'ers a
point-of-service product shall contain an
explanation of the point-of-service product. The
explanation shall include:
(1) the method of reimbursement;
applicable copayment and deductible
amounts;
any other uncovered costs or charges:
the covered health care services that an
enrollee may receive on an out-of-plan
basis; and
instructions for submittal of claims for
£2}
13}
14}
(5}
out-of-plan covered services.
Statutory Authority G.S 58-2-40; 58-67-35;
8:14 NORTH CAROLINA REGISTER October 15, 1993 1320
PROPOSED RULES
58-67-150.
I\otice is hereby' given in accordance with G.S.
150B-21.2 that the N.C. Department of Insurance
intends to amend rule cited as 11 NCAC 16 .0302.
1 he proposed effective date of this action is
January 1 , 1994.
J. he public hearing will be conducted at 10:00
a.m. on November 9, 1993 at the Dobbs Building,
3rd Floor Hearing Room, 430 N. Salisbury Street,
Raleigh. N.C. 27611.
Ixeason for Proposed Action: To conform to
statute changes made during the 1993 session of
the General Assembly.
i^omment Procedures: Written comments may be
sent to Wblter James at P.O. Box 26387, Raleigh,
N.C. 27611. Oral presentations may be made at
the public hearing. Anyone having questions
should call miter James (919) 733-3284 or Ellen
Sprenkel at (919) 733-4529.
CHAPTER 16 - ACTUARIAL SERVICES
DIVISION
SECTION .0300 - SMALL EMPLOYER
GROUP HEALTH INSURANCE
.0302 RESTRICTIONS ON PREMIUM
RATES
(a) Each class of business shall have its own rate
manual. The rate manual will be used to:
(1) Audit the actuarial certification with
regards to the relationship of one em-ployer
group to the others within a
class; and
(2) Determine compliance with the relation-ship
of one class to the other classes.
(h) The requirement in G.S. 58-50-130rb)(2)
that within a class the premium rates charged
during a rating period to small employers shall not
vary from the index rate by more than 35 percent
25% shall be met as follows:
(1) The carrier shall calculate for each
class of business, using the rate manual
for that class, an index rate for each
plan of benefits and for each small
employer census within that class of
business.
(2) For each small employer within a given
class of business, the carrier shall cal-culate
the ratio of the premium rate
charged the small employer during the
rating period to the index rate for the
census, plan of benefits, and class of
business of that small employer calcu-lated
in Subparagraph (1) of this Para-graph.
(3) TTie ratio calculated in Subparagraph
(2) of this Paragraph shall be between
.65 and 1.35 .75 and 1.25 , inclusive.
Other methods may be used if the results, using
the method in this Paragraph, meet the require-ments
of this Rule.
(c) The requirement in G.S. 58-50- 130fb)(l) that
the index rate for a rating period for any class of
business shall not exceed the index rate for any
other class of business by more than 25 percent
12.5% shall be met as follows:
(1) The carrier shall define a representative
census of its business and a representa-tive
actuarially equivalent plan of bene-fits.
(2) The carrier shall calculate an index rate
based upon Subparagraph ( 1 ) of this
Paragraph for each class of business.
(3) The carrier shall identify the class of
business with the lowest index rate.
(4) The ratio of the index rate calculated
for each class of business in Subpara-graph
(2) of this Paragraph to the low-est
index rate identified in Subpara-graph
(3) of this Paragraph shall be
between 1.00 and +t35 1.125 . inclu-sive.
Any change in the representative census or repre-sentative
actuarially equivalent plan of benefits
used in Subparagraphs (1) through (4) of this
Paragraph shall be specifically documented and the
test must be performed on both the previous and
new census or actuarially equivalent plan of
benefits at the time of change; and the results of
both tests shall be disclosed within the annual
actuarial certification filing. Other methods may
be used if the results, using the method in this
Paragraph, meet the requirements of this Rule.
(d) The acceptability of a proposed rate increase
for a small employer for health benefit plans
issued on or after January 1, 1992, shall be deter-mined
as follows:
(1) Calculate a new business premium rate
for the new rating period using the rate
1321 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
manual, the actual census and plan of
benefits for the small employer at the
beginning of the new rating period.
(2) Calculate a now business premium rate
for the prior rating period using the rate
manual, the actual census and plan of
benefits for the small employer at the
beginning of the prior rating period.
(3) Divide Subparagraph (1) of this Para-graph
by Subparagraph (2) of this
Paragraph and multiply this quotient by
the gross premium in eflFect at the
beginning of the prior rating period.
This product is the maximum renewal
premium for the new rating period
associated with G.S. 58-50- 130(b)(3)a
and G.S. 58-50- 130(b)(3)c;
(4) Subparagraph (3) of this Paragraph may
be adjusted by a percentage of the gross
premium in force before renewal. This
percentage shall not exceed 15 percent
per year prorated for the months
elapsed between the previous and the
new rating dates.
(5) Multiply Subparagraph (3) of this Para-graph
by one plus the percentage in
Subparagraph (4) of this Paragraph.
The maximum renewal gross premium is Subpara-graph
(5) of this Paragraph if Paragraph (b) of this
Rule is satisfied. If the resulting maximum renew-al
gross premium calculated in Subparagraph (5) of
this Paragraph does not satisfy Paragraph (b) of
this Rule, then the maximum renewal gross premi-um
shall be adjusted until Paragraph (b) of this
Rule is satisfied. Other methods may be used if
the results, using the method in this Paragraph,
meet the requirements of this Rule.
(e) The acceptability of a proposed rate increase
for a small employer for health benefit plans
issued before January 1, 1992, shall be determined
as follows:
(1) Calculate a new business premium rate
for the new rating period using the rate
manual, the actual census and plan of
benefits for the small employer at the
beginning of the new rating period.
(2) Calculate a new business premium rate
for the prior rating period using the rate
manual, the actual census and plan of
benefits for the small employer at the
beginning of the prior rating period.
(3) Divide Subparagraph (1) of this Para-graph
by Subparagraph (2) of this
Paragraph and multiply this quotient by
the gross premium in eflFect at the
beginning of the prior rating period.
This product is the maximum renewal
premium for the new rating period
associated with G.S. 58-50- 130(b)(7)a
and G.S. 58-50- 130(b)(7)h
The maximum renewal gross premium in Subpara-graph
(3) of this Paragraph is not subject to Para-graphs
(b) and (c) of this Rule during a three-year
transition period ending January 1, 1995. After
January 1, 1995, the acceptability of a proposed
rate increase for a small employer shall be based
only on Paragraph (d) of this Rule. Other methods
may be used if the results, using the method in this
Paragraph, meet the requirements of this Rule.
Statutory Authority G.S. 58-2-40; 58-50-1 30(h).
TITLE 15A - DEPARTMENT OF
ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
jy/otice is hereby given in accordance with G.S.
150B-21.2 that the Department of Environment,
Health, and Natural Resources, Division of Soil
and Witer Conservation intends to adopt rules
cited as 15A NCAC 6F .0001 - .0005.
1 he proposed effective date of this action is
February 1, 1994.
1 he public hearings will be conducted on the
following dates arui locations:
7:00 pm
Nov 8, 1993
Vernon James Center
Plymouth, NC
7:00 pm
Nov 15, 1993
Clinton Civic Center
414 Vhrsaw Road
Clinton, NC 28328
7:00 pm
Nov 17. 1993
Mitchell Community College
Shearer Hall
Statesville, NC
7:00 pm
Nov 22, 1993
Asheville Middle School
Auditorium
8:14 NORTH CAROLINA REGISTER October 15, 1993 1322
PROPOSED RULES
Asheville, NC
MXeason for Proposed Action: The NC Soil and
Wjter Conservation Commission (SWCC) has
prepared procedures and guidelines for two activi-ties
associated with the Environmental Manage-ment
Commission's (EMC) 1993 amendments to
the Nondischarge Rule (15A NCAC 2H .0200).
The two activities in the procedures are:
1. Establish the process by which an individ-ual
may- become designated as a "Techni-cal
Specialist" and sign the certification
forms that must be submitted to the Divi-sion
of Environmental Management by
owners of confined animal operations.
2. Establish the process that an owner of a
confined animal operation must complete
to receive a "certification " that the opera-tion
meets the requirements previously
established by the EMC.
ne Soil and Witer Conservation Commission and
the Local Soil and W2ter Conservation Districts
are cooperating with the EMC by providing assis-tance
to owners of confined animal operations in
securing certification in order to be "deemed
permitted". The SWCC procedure will not redefine
any requirements established by the EMC for
buffers, set-backs, size of operation, etc.
(comment Procedures: All persons interested in
these matters are invited to attend the public
hearings. Oral presentation time allowance may
be limited at the discretion of the hearing officer
and comments must also be submitted in writing
when longer than three minutes. Written com-ments
are encouraged and may be presented at the
public hearings or submitted to James Cummings,
Division of Soil and Vhter Conservation, P.O. Box
27687. Raleigh, NC 27611-7687. To request
further information call (919) 733-2302. Mailed
written comments must be postmarked by Novem-ber
22. 1993.
IT IS VERY IMPORTANT THAT ALL INTEREST-ED
AND POTENTIALLY AFFECTED PERSONS,
GROUPS, BUSINESSES, ASSOCIATIONS. INSU-TUTIONS
OR AGENCIES MAKE THEIR VIEWS
AND OPINIONS KNOWN TO THE SOIL AND
WATER CONSERVATION COMMISSION
THROUGH THE PUBLIC HEARING AND COM-MENT
PROCESS, WHETHER THEY SUPPORT
OR OPPOSE ANY OR ALL PROVISIONS OF THE
PROPOSED RULES THE COMMISSION MAY
MAKE CHANGES TO THE RULES AT THE
COMMISSION MEETING IF THE CHANGES
COMPLY WITH as I50B-21.2(f).
CHAPTER 6 - SOIL AND WATER
CONSERVATION COMMISSION
SUBCHAPTER 6F - PROCEDURES AND
GUIDELINES TO IMPLEMENT THE
NONDISCHARGE RULE FOR ANIMAL
WASTE MANAGEMENT SYSTEMS
.0001 PURPOSE
This Subchapter describes the operating proce-dures
and guidelines to implement the provisions
of 15A NCAC 2H .0200 - Waste Not Discharged
To Surface Waters ; for those provisions charged
to the Soil and Water Conservation Commission in
15A NCAC 2H .0217, hereinafter called the
Nondischarge Rule for Animal Waste Management
Systems. As the lead State agency for agricultural
nonpoint source pollution control, the Soil and
Water Conservation Commission, through these
procedures and guidelines, will coordinate the
efforts of the Soil and Water Conservation Dis-tricts
to further the proper conservation and utiliza-tion
of farm generated by-products (nutrients,
wastes, compost, water) in connection with animal
waste management systems and coordinate the
Districts' efforts with those of the Environmental
Management Commission and the Division of
Environmental Management.
Statutory Authority G.S 139-2: 139-4; 1438-294.
.0002 DEFEVITIONS OF TERMS
The terms used in this Subchapter shall be as
defined in OS, 139-4; 143-215.74; 143B-294;
15A NCAC 2H .0203; 15A NCAC 6E .0002; and
as follows:
LU "Agronomic Rates " means those amounts
12}
of animal waste or compost to be applied
to lands as contained in the nutrient
management standard of the USDA Soil
Conservation Service Technical Guide
Section IV or as recommended by the
North Carolina Department of Agricul-ture
and the North Carolina Cooperative
Extension Service at the time of certifica-tion
by the Technical Specialist for the
animal waste management plan.
"Certification" means the certification
required in the Nondischarge Rule for
Animal Waste Management Systems
(15A NCAC 2H .0217).
1323 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
(3) "DEM" means the Division of Environ-mental
Manasement, Department of
Environment. Health and Natural Re-sources,
and the agency to receive the
certification forms and responsible for
enforcement of I5A NCAC 2H .0200.
(4) "Design Approval Authority" means that
authority granted by the Commission to
an individual to certify that a BMP or the
system of BMPs for waste management
has been designed to meet the standards
and specifications of practices adopted by
the Commission.
(5) "Installation Approval Authority" means
that authority granted by the Commission
to an individual to certify a BMP or
system of BMPs for waste management
has been installed to meet the standard of
practices adopted by the Commission.
(6) "Technical Specialist" means an individu-al
designated by the Commission to
certify an entire or portion of an animal
waste management plan.
Statutory Authority G.S. 139-4; 143B-294.
.0003 REQUIREMENTS FOR
CERTIFICATION OF WASTE
MANAGEMENT PLANS
(a) Owners of Animal waste management sys-tems
are required in 15A NCAC 2H .0217(a)(1) to
obtain certification that the system will properly
collect, treat, store, or apply animal waste to the
land such that no discharge of pollutants occurs to
surface waters of the state by any means except as
a result of a storm event more severe than the 25-
year, 24-hour storm as required in 15A NCAC 2H
.0203(3).
(b) The certification is to be made by a Techni-cal
Specialist designated pursuant to this Subchap-ter,
and will confirm that the best management
practices (BMPs) contained in the animal waste
management plan meet applicable minimum stan-dards
and specifications. BMPs in an existing
system are not required to meet current standards
and specifications as established by the Commis-sion
as long as the system is certified to be non-discharging
as required in 15A NCAC 2H
.0203(3).
(c) More than one Technical Specialist may be
consulted for the design of BMPs and installation
of BMPs. A Technical Specialist must certify the
entire animal waste management plan as installed.
(d) Upon receiving a certification from a
Technical Specialist, the owner must submit a copy
of the certification to DEM and a copy of both the
certification and the waste management plan to the
District in which the system is or is to be located.
(e) The District shall review the waste
management plan and, within 30 days of receipt of
the plan, notify the owner, DEM and the Division
if the District does not concur that the certification
was signed by an approved Technical Specialist
and that the waste management plan satisfies the
purpose of proper conservation and utilization of
farm generated animal by-products. If the
District. upon review. concurs with the
certification, no further action is required.
(f) The District shall maintain a complete copy
of all animal waste management plans and the
accompanying certification form.
(g) If the District does not concur with the
authority of the approving Technical Specialist or
the waste management plan, and if either the
owner or the DEM requests that the District
reconsider its decision, the District shall review its
decision and within 45 days of the request, notify
the owner, DEM, and the Division of the
District's final decision. The District is
encouraged to utilize other technical specialists,
local agricultural agencies and disinterested
agriculmral producers in reconsidering its initial
decision. If the District fails to act within 45 days
on a request for reconsideration, the District's
initial decision shall become final.
(Ii) An owner not receiving concurrence from
the District may request that the Commission
mediate a dispute over concurrence.
(i) The review process of the District does not
abrogate the responsibilities of the owner to obtain
a certification and of DEM requirements for an
individual nondischarge permit.
{]} An owner who does not obtain a certification
is not deemed permitted pursuant to G.S. 143-
215.19(d) and must apply for an individual permit
from the Division of Environmental Management.
Nothing in these Rules prohibits permit appeal
rights pursuant to the rules of the Environmental
Management Commission.
(k) A proposed modification of an animal waste
management plan requires approval by a Technical
Specialist.
(1) Any modifications made in the system as a
result of changes in the operation such as types
and numbers of animals, equipment, or crops,
must be in accordance with the BMP standards and
specifications approved by the Commission and in
effect at the time of the modification.
(m) A change in the cropping pattern as a result
of weather-caused delays after application of
8:14 NORTH CAROLINA REGISTER October 15, 1993 1324
PROPOSED RULES
animal waste shall not require the owner to obtain
a new certification as long as the owner followed
the certified waste management plan application
rates and no discharge occurs to surface waters.
(n) The certifying Technical Specialist and the
District are not required to spot check or otherwise
assure proper maintenance and operation of an
animal waste management system installed to meet
the DEM certification requirements. Enforcement
of the Nondischarge Rule for Animal Waste
Management Systems (15A NCAC 2H .0217) shall
remain the responsibility of DEM.
Statutory Authority G.S. 139-4; 1438-294.
.0004 APPROVED BEST
MANAGEMENT PRACTICES
(BMPs)
(a) The Commission will approve a list of BMPs
that are acceptable as part of an approved animal
waste management system . The list of BMPs will
be approved annually fby August JJ and revised as
needed during the year by the Commission.
{bl As required by DEM in \5\ NCAC 2H
.0217. a BMP or system of BMPs designed and
installed for an animal waste management plan
must either:
m meet the minimum standards and
12}
specifications of the US Department of
Agriculture Soil Conservation Service
Technical Guide. Section IV or
minimum standards and specifications
as otherwise determined by the
Commission; or
receive an approved individual
nondischarge permit as required for the
animal waste management system
.
BMPs approved for use in the
Agriculture Cost Share Program for
Nonpoint Source Pollution Control are
hereby approved for these purposes.
(c) Land application BMPs following the
nutrient management standard contained in the
Section IV of the SCS Technical Guide or as
recommended by the North Carolina Department
of Agriculture and the Cooperative Extension
Service are acceptable. In cases where agronomic
rates are not specified in the Nutrient Management
Standard for a specific crop or vegetative type,
application rates may be determined using the best
judgement of the certifying Technical Specialist
after consultation with NCDA or CES.
(d) Exemptions from the minimum buffer
requirements for animal waste storage and
treatment facilities and animal concentration areas
are acceptable if no practical alternative exists and
the BMP installed as an equivalent control meets
the requirements for Nondischarge except as a
result of a storm event more severe than the 25-
year. 24-hour storm.
Statutory Authority G.S. 139-4; 143B-294.
.0005 TECHNICAL SPECIALIST
DESIGNATION PROCEDURE
(a) The Commission may designate individuals
or groups of individuals as Technical Specialists.
to assist owners m animal waste management plan
development and certification. No rights are
afforded to Technical Specialists by this
designation.
(h) Design or Installation approval authority of
Technical Specialists may be for specific BMPs or
a system of BMPs to be applied to complete an
entire or a portion of an animal waste management
plan.
(c) The following persons are Technical
Specialists:
(1) Individuals who have been assigned
Design and Installation approval
authority by the USDA, Soil
Conservation Service, the NC
Cooperative Extension Service or the
NC Department of Agriculture:
Professional engineers subject to "The
North Carolina Engineering and Land
Surveying Act" as rewritten by Session
Laws 1975. c.681. s. 1. and recodified;
and
Individuals designated by the
Commission.
121
13}
(d) TTiose individuals not designated in
Subparagraph (c)(1) or £2j of this Rule must apply
and receive recommendation by two-thirds vote of
the members present at a scheduled meeting of the
Commission, or of a committee established for this
purpose, based on the minimum qualifications as
established by the Commission. A copy of the
minimum requirements for skill and experience
will be available at the District field office. The
NPS Section of the Division will keep on file all
application forms and provide a list of these
Technical Specialists approved by the Commission.
or its committee to all Districts. Tlie list will
designate the BMPs or system of BMPs for which
the Technical Specialist has received design or
installation certification approval
.
(e) The Commission, or a committee established
for this purpose, shall meet quarterly as long as
there are Technical Specialist applications to
1325 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
review. An individual must provide to the NPS
Section of the Division an application (provided by
the NPS Section) and supporting documentation by
the second Wednesday of the first month of a
quarter in order to have an application reviewed
for designation that quarter.
(f) The Commission or its committee, may
rescind the authority of a Technical Specialist for
a specific BMP or aH BMPs upon receipt of a
written complaint and a vote of two-thirds of the
members in attendance at a scheduled meeting.
Statutory Authority G.S. 139-4; 143B-294.
TITLE 21 - OCCUPATIONAL
LICENSING BOARDS
niotice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Board of
Pharmacy intends to adopt rules cited as 21 NCAC
46 . 1606 - 1607 and . 2306.
1 he proposed effective date of this action is
March 1. 1994.
1 he public hearing will be conducted at 2:00
p.m. on November 30, 1993 at the Institute of
Pharmacy, 109 Church Street, Chapel Hill, North
Carolina.
Jxeason for Proposed Action:
21 NCAC 46 .1606 - To require a personal ap-pearance
at the Board office prior to issuance of
any original pharmacy permit or device-dispensing
permit, or prior to approval for dispensing by a
nurse or physician 's assistant.
21 NCAC 46 .1607 - To set out requirements for
all out-of-state pharmacies that ship, mail, or
deliver in any manner a dispensed legend drug into
this State.
21 NCAC 46 .2306 - To prohibit the selling, use
for commercial purposes, or transfer of informa-tion
in patient pharmacy records, except as permit-ted
under 21 NCAC 46 . 1806 and . 2502(h).
Lyomment Procedures: Persons wishing to present
oral data, views or arguments on a proposed rule
or rule change, may file a Notice with the Board
at least 10 days prior to the public hearing at
which the person wishes to speak. Comments
should be limited to 10 minutes. The Board's
address is RO. Box 459, Carrbow, NC 27510-
0459. Any person may file written submission of
comments or argument at any time up to and
including December 2, 1993.
CHAPTER 46 - BOARD OF
PHARMACY
SECTION .1600 - LICENSES
AND PERMITS
. 1 606 REQUIREMENT OF
PERSONAL APPEARANCE
Prior to issuance of any original permit or device
dispensing permit, or prior to approval for dis-pensing
by a nurse or physician's assistant, the
following persons must appear personally at the
Board office on the first Monday of the month, the
Monday before the monthly Board meeting, or
such other time as scheduled with the Board's
staff:
(1) the pharmacist-manager for the applicant
pharmacy;
(2) the person in charge of the device-dis-pensing
permit;
(3) the nurse applying for approval for dis-pensing
and the supervising pharmacist;
and
(4) the physician's assistant applying for
approval for dispensing and the supervis-ing
pharmacist.
Statutory Authority G.S 90-18.1; 90-18.2; 90-
85. 3(a), (r); 90-85. 6; 90-85. 21; 90-85. 22.
.1607 OUT-OF-STATE PHARMACIES
(a) In addition to the requirements of 21 NCAC
46 .1601 and .1603 z 1605. out-of-state pharma-cies
that ship, mail, or deliver in any manner a
dispensed legend drug into this State must comply
with the following:
(1) Pay a fee of Two Hundred Fifty Dol-lars
($250.00) for original registration
and thereafter pay a fee of one hundred
twenty-five dollars ($125.00) for annual
renewal of registration;
(2) Maintain, m readily retrievable form,
records of prescription drugs dispensed
to North Carolina residents;
(3) Supply all information requested by the
Board in carrying out the Board's re-sponsibilities
under the statutes and
regulations pertaining to out-of-state
pharmacies;
(4) Comply with all statutory and regulato-ry
requirements of the State of North
8:14 NORTH CAROLINA REGISTER October 15, 1993 1326
PROPOSED RULES
Carolina for dispensing prescriptions,
including labeling, record keeping, and
drug product selection;
(5) Develop and provide the Board with a
policy and procedure manual that sets
forth:
(A) normal delivery protocols and times:
(B) the procedure to be followed if the
patient's medication is not available at
the out-of-state pharmacy, or if deliv-ery
will be delayed beyond the normal
delivery time;
(C) the procedure to be followed upon
receipt of a prescription for an acute
illness, which policy shall include a
procedure for delivery of the medica-tion
to the patient from the out-of-state
pharmacy at the earliest possible
time (such as courier delivery), or an
alternative that assures the patient the
opportunity to obtain the medication
at the earliest possible time; and
(D) the procedure to be followed when the
out-of-state pharmacy is advised that
the patient's medication has not been
received within the normal delivery
time and that the patient is out of
medication and requires interim dos-age
until mail prescription drugs
become available:
(6) Maintain a pharmacist-manager who has
a valid license to practice pharmacy in
North Carolina. The pharmacist-man-ager
must comply with all statutory and
regulatory requirements of the State of
North Carolina, including 21 NCAC 46
.2502. If at any time the pharmacist-manager
so designated shall leave the
employment of the pharmacy, the phar-macy
shall promptly notify the Board
and designate another pharmacist cur-rently
licensed in North Carolina as
pharmacist-manager;
(7) Disclose the location, names, and titles,
of all principle corporate officers,
partners, or owners of the pharmacy.
Disclose the names and license numbers
of all pharmacists and, if available, the
names and license or registration num-bers
of all supportive personnel em-ployed
by the out-of-state pharmacy
who deliver, dispense, or distribute, by
any method, prescription legend drugs
to an ultimate user in this State. A
report containing this information shall
18}
lAl
m
19}
be made on an annual basis and within
thirty days after each change of office,
corporate officer, partnership, owner,
or pharmacist;
Submit evidence of possession of a
valid license, permit, or registration as
a pharmacy in compliance with the laws
of the state in which the pharmacy is
located. Such evidence shall consist of
one of the following:
a copy of the current license, permit.
or registration certificate issued by the
regulatory or licensing agency of the
state in which the pharmacy is locat-ed;
or
a letter from the regulatory or licens-ing
agency of the state in which the
pharmacy is located certifying the
pharmacy's compliance with the
pharmacy laws of that state;
Designate a resident agent in North
Carolina for service of process. Any
such out-of-state pharmacy that does
not so designate a registered agent shall
be deemed to have appointed the Secre-tary
of State of the State of North Caro-lina
to be its true and lawful attorney
upon whom process may be served.
All legal process in any action or pro-ceeding
against such pharmacy arising
from shipping, mailing or delivering
prescription drugs in North Carolina
shall be served on the resident agent.
In addition, a copy of such service of
process shall be mailed to the out-of-state
pharmacy by certified mail, return
receipt requested, at the address of the
out-of-state pharmacy as designated on
the application for a permit filed with
the Board. Any such out-of-state phar-macy
which does not obtain a permit m
this State, shall be deemed to have
consented to service of process on the
Secretary of State as sufficient service;
(b) The facilities and records of such out-of-state
pharmacy shall be subject to inspection by the
Board; provided however, the Board may accept in
lieu thereof satisfactory inspection reports by the
licensing entity of the state in which the pharmacy
is located.
(c) When there is a conflict between stamtes or
rules of North Carolina and those of the state in
which the pharmacy is located, the more stringent
of the two shall apply.
(d) Any person who ships, mails or delivers
1327 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
prescription drugs to North Carolina residents
from more than one out-of-state pharmacy shall
obtain a separate North Carolina out-of-state
pharmacy license for each pharmacy.
(e) An out-of-state pharmacy license shall expire
on December 31 of each year.
Statutory Authority G.S. 90-85.6; 90-85. 21A; 90-
85.26; 90-85.28; 90-85.29; 90-85.30; 90-85.32.
SECTION .2300 - PRESCRIPTION
INFORMATION AND RECORDS
.2306 CONFIDENTIALITY OF PATIENT
PHARMACY RECORDS
Information in patient pharmacy records shall not
be sold, used for commercial purposes or trans-ferred,
except as permitted under 21 NCAC 46
1806 and .250201) .
Statutory Authority G.S. 90-85.6; 90-85.36.
jyiotice is hereby given in accordance with G.S.
150B-21.2 that the Therapeutic Recreation Certifi-cation
Board intends to adopt rules cited as 21
NCAC 65 .0001 - .0013.
1 he proposed effective date of this action is
January 1 , 1994.
1 he public hearing will be conducted at 10:00
a.m. on November 17, 1993 at the Durham Re-gional
Hospital, Public Auditorium, 3643 N.
Roxboro St. , Durham, N. C. 27704.
MXeason fiyr Proposed Action: For enactment of
Chapter 90C Therapeutic Recreation Personnel
Certification Act and the establishment of the TRC
Board.
l^omment Procedures: All v^ritten comments must
be submitted to Becky Garrett, CTRS/TRS. Execu-tive
Director TRCB, P. O. Box 67, Saxapahaw, NC
27340, up to and including November 17, 1993.
Written comments submitted after the deadline will
not be considered.
CHAPTER 65 - THERAPEUTIC
RECREATION CERTIFICATION BOARD
.0001 NAME - SHORT TITLE
The North Carolina State Board of Therapeutic
Recreation Certification shall be recognized as the
Therapeutic Recreation Certification Board
(TRCB).
Statutory Authority G.S. 90C-4(a).
.0002 EXECUTIVE DIRECTOR
QUALIFICATIONS
The Executive Director, an Independent Contrac-tor
hired by TRCB. shall not be a member of the
Board, will be certified by TRCB as a Therapeutic
Recreation Specialist, hold a Master's degree or
higher in Therapeutic Recreation, and have two to
four years of progressive and responsible experi-ence
in the field of Therapeutic Recreation.
Statutory Authority G.S. 90C-5(j); 90C-6(4);
90C-7.
.0003 OFFICERS, EXECUTIVE
COMMITTEE
The oflficers of TRCB. (Chair. Vice-Chair.
Secretary) and the Executive Director (ex-officio)
shall be considered the Executive Committee and
shall be given the authority to carry out business
deemed necessary between regularly scheduled
meetings of TRCB.
Statutory Authority G. S. 90C-5(h).
.0004 PROFESSIONAL CONDUCT
COMMITTEE
A Professional Conduct Committee consisting of
a minimum of three certified practitioners (mini-mum
two TRS's). will be appointed by TRCB for
the purpose of TRCB investigating any suspected
violations of G.S. 90C. Upon verbal or written
notification of suspected violations of any provi-sions
of G.S. 90C. TRCB will refer the same to
the Professional Conduct Committee for investiga-tion,
fact finding and recommendations. Upon
completion of the investigation the Professional
Conduct Committee will report the findings of the
investigation and any recommendations for disci-plinary
action to the TRCB for decision and
enforcement.
Statutory Authority G.S. 90C-6(8).
.0005 MEETINGS
(a) The Board shall conduct two annual reviews
of applicants for certification within one month of
application deadline.
8:14 NORTH CAROLINA REGISTER October 15, 1993 1328
PROPOSED RULES
(b) The Board may hold additional announced
business meetings each year, to conduct business
of the TRCB.
(c) TRCB members will be sent written notice
30 days prior to meetings.
(d) A request for an excused absence should be
made to the Executive Director a minimum of two
weeks or \A days in advance of the meeting. If a
member of TRCB has more than one unexcused
absence in a calendar year their resignation and a
replacement by appointment will be requested.
Statutory Authority G. S. 90C-5(i).
.0006 EXEMPTIONS (EXPIRED MARCH 1,
1991)
It is the interpretation of the Board under G.S.
90C-9 that other options, TRS, G.S.
90C-9(l))(2)(3) for TRS certification and TRA
certification. G.S. 90C-9(c)(2)(3)(4)(5) expired as
e.xemptions on March j_j 1991.
Statutory Authority G.S 90C-9; 90C-16.
.0007 RECIPROCITY'
(a) TRCB will certify without examination any
person currently certified as a CTRS or a CTRA
by the National Council for Therapeutic Recreation
Certification (NCTRC) when written evidence,
with current expiration date, is provided to support
a TRCB application presented.
(b) Anyone who is currently registered, certified
or licensed by another state may apply for
certification by TRCB by the reciprocity procedure
with evidence that they meet current standards of
G.S. 90C.
Statutory Authority G.S. 90C-15.
.0008 ACADEMIC - TRS EXAMINATION
(a) TRCB shall provide to all applicants for
certification as a Therapeutic Recreation Specialist.
(TRS). a written examination at least once a year.
(b) A national examination for Therapeutic
Recreation Specialists administered by Educational
Testing Service (ETS) will be used to evaluate the
qualifications of applicants for certification. The
e.xam shall be given in a central geographic area
within the state.
(1 > Qualifications: In order to qualify to
take the examination candidates must
meet the following requirements:
(A) Candidates must present evidence
(Official Transcripts) of a
baccalaureate degree or higher from
an accredited college or university
with a major in therapeutic recreation
or a major in recreation and an
option/emphasis in therapeutic
recreation.
(B) Coursework must reflect a minimum
of three courses that the title, course
description and course outline reflect
recreation content.
(C) Coursework must reflect a minimum
of three courses that the title, course
description and course outline reflect
therapeutic recreation content.
(D) Supportive course work is to include
a minimum of fS semester or 27
quarter hours from three of the
following six areas: psychology,
sociology, physical/biological science,
special education, human services,
and/or adapted physical education.
Effective January 1995. Supportive
coursework. must include a minimum
of three semester/quarter hours of
anatomy, three semester/quarter of
physiology, three semester/quarter of
abnormal psychology and three
semester/quarter hours in human
growth and development.
(E) Candidates must have completed a
360-hour. 10-week internship or field
placement experience in a clinical,
residential. or community-based
therapeutic recreation program under
an agency supervisor who is currently
certified by TRCB and NCTRC.
(2) Passing requirements, reporting of
scores, retaking the exam, cancellations
and review of the exam by unsuccessful
applicants will be conducted according
to the rules established by ETS.
Statutory Authority G. S.
90C-9c(4).
90C-9b(l)(2)(4);
.0009 PROVISIONAL TRS
Upon receipt of an application demonstrating
compliance with the academic requirements each
candidate will receive a letter allowing the use of
the Title. Provisional Therapeutic Recreation
Specialist (P-TRS) until the results of the exam are
known. If the candidate does not pass the
examination the use of Provisional TRS is no
longer permitted.
Statutory Authority G. S. 90C-9d.
1329 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
,0010 CERTIFICATION FEES
(a) An additional fee will be charged by the
Educational Testing Service based on the cost of
administration of the examination: the fee will be
payable to ETS.
(h) A biannual Communications fee of fifteen
dollars ($15.00) will be charged by TRCB to cover
expenses for an annual report, newsletters, and
directory to be sent to all those certified. The fee
will be collected in the year that certification
renewal is due.
Statutory Authority G.S. 90C-10.
.0011 CERTIFICATE RENEWALS (EFFECTIVE JULY 1, 1995)
(a) Continuing Professional Education/Experience Requirements: During the two year certification period.
Continuing Education and Continuing Professional Experience will be required for certification renewal
.
Candidates for Certification Renewal as a TRS have a choice from two of three options to earn a minimum
of 40 points to renew their certification. Candidates for Certification as a TRA must accrue their points
from Professional Experience and Continuing Education options. The options, their definitions and their
point values are listed in this Paragraph
.
Option #1: Professional Experience (20 points)
Option #2: Continuing Education (20 points)
Option ^3: Examination (TRS Only) (40 points)
Component Description Point Value
Professional a minimum of 20 points (10 per year)
Experience 144 hours (72
hours per year)
Continuing 4 CEU's (2 CEU's. 20 20 points (10 per year)
Education contact hours annually)
Examination passing score on TRS 40 points
(TRS Only) certification exam
(b) Professional Experience Component: If this component is selected to complete for renewal
requirements, a minimum of 144 hours of therapeutic recreation experience must be earned within the two
year certification period. The hours can be accumulated through the performance of the following
professional roles.
(1) Direct service deliverer - delivers service directly to clients or groups of clients as a therapeutic
recreation specialist or a therapeutic recreation assistant by performing assessments, developing
individual programs and treatment plans, documenting the assessments and interventions, working
on an interdisciplinary team, performing outreach activities, etc.
(2) Supervisor ; supervises therapeutic recreation personnel in the direct delivery of service to
clients.
(3) Administrator ; administers a department or a division which includes therapeutic recreation.
(4) Educator - teaches courses or a program in therapeutic recreation.
(5) Consultant ; performs consulting services in therapeutic recreation for organizations, educational
institutions, agencies or corporations.
(6) Volunteer - volunteers services performed in any of the various roles described in Subparagraphs
(b)(1) through (b)(5) of this Rule.
(7) Professional Service/ Paid or Volunteer ; includes professional boards, councils, legislative work.
8:14 NORTH CAROLINA REGISTER October 15, 1993 1330
PROPOSED RULES
standards development, curriculum development, etc., as this service relates to therapeutic
recreation.
(8) Student ; participates in internships or supervised in-service education and training.
(c) Continuing Education Component: The continuing education component includes a wide range of
continuing education activities that are typically available to Therapeutic Recreation Specialists and
Therapeutic Recreation Assistants. Continuing Education Points (CEP's) are measured according to the
equivalency of an educational contact hour (50 minutes of actual classroom/instructional time, excluding
registration time and breaks). Continuing Eklucation Units (CEU's) will also be recognized and will be
translated into CEP's as follows:
iii 1 CEP = 1 contact hour = 0.1 CEU
{2} 10 CEP's = 10 contact hours = 1.0 CEU
(d) CEP's can be accumulated [n one or several of three categories:
(1) continuing education courses and experiences, or
(2) academic courses, or
(3) professional publications and presentations.
Each of these three is explained in this Rule.
(e) Continuing Education Courses and Experiences such as symposia, seminars, etc. are accepted if they
are approved by a professional therapeutic recreation organization at the local, state, or national level, that
uses the National or International Council on Continuing Education Standards or through a therapeutic
recreation-related group (such as a hospital or other agency) or through a college/university that uses
national continuing education standards.
The content of the continuing education experiences must be linked directly to the knowledge areas of
therapeutic recreation specialist from the National Job Analysis Study conducted by National Council For
Therapeutic Recreation Certification (NCTRC). The major categories of therapeutic recreation knowledge
areas are:
(1) Background Information
(2) Diagnostic Groupings and Populations served
(3) Assessment
(4) Planning the Program
(5) Implementing the Program/Treatment
(6) Documentation and Evaluation
(7) Organizing and Managing Services
(8) Advancement of the Profession
Only study via self-study courses that are credited by an acceptable continuing education granting agency
as described in this Paragraph will be accepted.
(f) Academic Courses
(1) Credit equivalents for completing academic coursework are:
1 semester = 15 Contact hours = 15 CEP's
1 trimester = 14 Contact hours = 14 CEP's
i quarter = 10 Contact hours = 10 CEU's
(2) Credit equivalents for audited academic coursework are:
1 semester = 8 Contact hours = 8 CEP's
1 trimester = 7 Contact hours = 7 CEP's
i quarter = 5 Contact hours = 5 CEU's
The content of academic courses should also be linked to the knowledge areas of the National Job Analysis
Study conducted by NCTRC.
(g) Professional F^iblications and Presentations: Credit for the following professional publications and
presentations may be requested:
Editorials 5 CEP's
Articles on original research 15 CEP's
Newsletter article 2 CEP's
Editing a textbook 15 CEP's
Authoring a textbook chapter 15 CEP's
Journal Articles 10 CEP's
Journal reviews or book review 5 CEP's
1331 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
Research abstract
Textbook
Unpublished masters or doctoral thesis
Presentations at professional meetings
2
20
10
2
CEP's
CEP's
CEP's
CEFs per 50 minutes of lecture-
Credit will not be given for repeat or multiple presentations of the same seminar, in-service, conference,
original papers or poster presentation.
No more than 10 CEP's can be earned in the area of presentations and publications.
(h) Examination: If the examination component is chosen. Therapeutic Recreation Specialists will be
required to take the current examination for professional level certification. The examination must be taken
and passed within the two years of current certification. For example, a TRS certified in November of 1993
can take the exam as early as November of 1994 but no later than November of 1995 to count this
component toward renewal requirements.
Statutory Authority as. 90C-9c(4).
,0012 REINSTATEMENT
A person who has allowed his or her certification
to lapse shall complete a new application for
certification which recognizes the standards in
effect at the time. If the Board determines that the
certification should be reinstated, it shall issue a
certificate renewal to the applicant.
Statutory Authority G.S 90C-12.
.0013 REVOCATION
(a) When it is reported to TRCB in writing that
a certified person has been convicted of a crime
that indicates the person is unfit or incompetent to
practice Therapeutic Recreation; an investigation
will be conducted by TRCB or by the Professional
Conduct Committee appointed by TRCB. TRCB
will then take necessary action in response to the
findings of the Committee.
(b) Revocation of certification will also occur
for any of the following reasons:
(1) Obtaining or attempting to obtain
certification by fraud or deception.
(2) Knowingly assisting another to obtain
or attempt to obtain credentialling by
fraud or deception.
(3) Unauthorized use of certification or
14)
(5)
(61
ialsification of credentials.
Unauthorized possession or distribution
of certifying agency testing or exam
materials, including copying and repro-ducing
exam questions and problems.
Misstatement of material fact or failure
to make statement of material fact in
application or statement or representa-tion
to any certifying board.
Falsifying information required for
admission to exam, impersonating
another examinee, or falsifying educa-tion
or credentials on application.
(7) Copying answers, permitting another to
copy answers or providing or receiving
unauthorized advice about the exam
content during the examination.
(8) Failure to pay certification fees.
(c) The Board will remain in compliance with
the American Disabilities Act when conducting
investigation of a person who has a mental or
physical disability or uses any drugs to a degree
that would endanger the public.
Statutory Authority G.S. 90C-14(2)(3).
8:14 NORTH CAROLINA REGISTER October 15, 1993 1332
RRC OBJECTIONS
1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S.
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d).
ADMINISTRATION
Department of Administration's Minimum Criteria
1 NCAC 39 .0101 - Purpose
No Response from Agency
Agency Responded
Agency Revised Rule
1 NCAC 39 .0301 - Exceptions to Minimum Criteria
No Response from Agency
Agency Responded
Agency Revised Rule
AGRICULTURE
North Carolina State Fair
2 NCAC 20B .0102 - Traffic Regulations
Agency Revised Rule
2 NCAC 20B .0106 - General
2 NCAC 20B .0204 - Forfeiture
Agency Revised Rule
Plant Industry
2 NCAC 48C .0023 - Analysis for Farmers or Seedmen
Agency Revised Rule
ENVIRONMEIVT, HEALTH, AND NATURAL RESOURCES
Coastal Management
15A NCAC 7H .2002 - Approval Procedures
15A NCAC 7H .2004 - General Conditions
Environmental Management
15A NCAC 2H .0610 - Permit Requirements for Toxic Air Pollutants
Agency Revised Rule
15A NCAC 2H .1110 - Implementation
Agency Responded
Agency Responded
Agency Responded
Agency Responded
No Response from Agency
Agency Responded
15A NCAC 2L .0103 - Policy
RRC Objection 06/17/93
Obj. Cont d 07/15/93
Obj. Cont d 08/20/93
Obj. Removed 09/17/93
RRC Objection 06/17/93
Obf Cont d 07/15/93
Obj. Cont d 08/20/93
Obj. Removed 09/17/93
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
RRC Objection
RRC Objection
09/17/93
09/17/93
RRC Objection 09/17/93
Obj. Removed 09/17/93
RRC Objection 02/18/93
Obj. Contd 03/18/93
Obf Contd 05/19/93
Obf Contd 06/17/93
Obj. Contd 07/15/93
Obj. Contd 08/20/93
Obj. Removed 09/1 7/93
RRC Objection 09/17/93
1333 8:14 NORTH CAROLINA REGISTER October 15, 1993
RRC OBJECTIONS
Agency Revised Rule
15A NCAC 2L .0104 - RS Designation
Agency Revised Rule
15A NCAC 2L .0113 - Variance
Agency Revised Rule
15A NCAC2L .0201 - Groundwater Classifications
Agency Revised Rule
Health: Epidemiology
15A NCAC 19B .0301 - Application for Initial Permit
Agency Revised Rule
15A NCAC 19B .0304 - Conditions for Renewal of Permit
Agency Revised Rule
15A NCAC 19B .0309 - Qualification of Mainteruince Personnel
Agency Revised Rule
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
Health: Personal Health
ISA NCAC 21D .0501 - Allowable Foods
Agency Revised Rule
ISA NCAC 21D . 1204 - Client Eligibility
Agency Revised Rule
ISA NCAC 21D . 1207 - Payment for Reimbursable Services
Agency Revised Rule
HUMAN RESOURCES
Children's Services
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
10 NCAC 41R .0002 - Administration and Organization
Agency Responded
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
RRC Objection 07/1S/93
Obj. Contd OS/20/93
Obj. Contd 09/17/93
Eff. 10/01/93
Medical Assistance
10 NCAC 263 .0112 - North Carolina Specialty Hospital Services
Agency Revised Rule
RRC Objection
Obj. Removed
09/17/93
09/17/93
LICENSING BOARDS AND COMMISSIONS
Foresters
21 NCAC 20 .0020 - Certification of Consulting Foresters
21 NCAC 20 .0021 - Rejection of Consultant Affidavit
21 NCAC 20 .0022 - Handling of Complaints
RRC Objection 09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
Landscape Architects
21 NCAC 26 .020S - Forms of Practice
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
21 NCAC 26 .0207 - Application of Professional Seal
Rule Returned to Agency
RRC Objection 06/17/93
07/1S/93
Eff. 08/01/93
RRC Objection 06/17/93
07/1S/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1334
RRC OBJECTIONS
Agency Filed Rule for Codification Over RRC Objection
21 NCAC 26 .0208 - Improper Conduct
Rule Returned to Agency'
Agency Filed Rule for Codification Over RRC Objection
Social Work
21 NCAC 63 .0210 - Provisional Certificates
Agency Rex'ised Rule
Agency Revised Rule
PUBLIC EDUCATION
Elementary and Secondary Education
16 NCAC 6C .0312 - Certificate Suspension and Revocation
Agency Rexised Rule
REVENUE
Eff. 08/01/93
RRC Objection 06/1 7/93
07/15/93
Eff. 08/01/93
RRC Objection 08/20/93
RRC Objection 08/20/93
Obj. Removed 09/17/93
RRC Objection
Obj. Removed
09/17/93
09/17/93
Departmental Rules
17 NCAC IC .0502 - Method of Payment
Agency Revised Rule
17 NCAC IC .0503 - EFT Definitions
Agency Revised Rule
Sales and Use Tax
17 NCAC 7B .1907 - Scrap Tire Disposal Tax
Agency Re\ised Rule
TRANSPORTATION
RRC Objection 09/17/93
Obj. Removed 09/17/93
RRC Objection 09/1 7/93
Obj. Removed 09/17/93
RRC Objection
Obj. Removed
09/17/93
09/17/93
Division of Highways
19A NCAC 2B .0162 - Delegation to Manager of Program and Policy
Agency Revised Rule
19A NCAC 2B .0164- Use of Right of Why Consultants
Agency Revised Rule
19A NCAC 2B .0208 - Uniform Traffic Control Devices
Agency Revised Rule
19A NCAC 2B .0225 - Blue Star Memorial Highway Signs
Agency Rex'ised Rule
19A NCAC 2B .0602 - Obtaining a Driveway Construction Permit
Agency Withdrew Rule
19A NCAC 2D .0801 - Pre-Qualifying to Bid: Requalification
19A NCAC 2D .0802 - Invitation to Bid
19A NCAC 2D .0803 - Advertisement and Invitations for Bids
19A NCAC 2D .0815 - Rejection of Bids
Agency Revised Rule
19A NCAC 2D .0821 - Return of Bid Bond or Bid Deposit
19A NCAC 2D .0825 - Confidentiality of Cost Estimates and Bidding Lists
Agency Revised Rule
19A NCAC 2E .0217 - Specific Information Program Definitions
RRC Objection 09/17/93
Obj. Removed 09/1 7/93
RRC Objection 09/1 7/93
Obj. Removed 09/17/93
RRC Objection 09/17/93
Obj. Removed 09/1 7/93
RRC Objection 09/17/93
Obj. Removed 09/17/93
09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
Obj. Removed 09/17/93
RRC Objection 09/17/93
RRC Objection 09/1 7/93
Obj. Removed 09/17/93
RRC Objection 09/17/93
1335 8:14 NORTH CAROLINA REGISTER October 15, 1993
RRC OBJECTIONS
>
Agency Revised Rule
19A NCAC 2E .0220 - Composition of Signs
Agency Revised Rule
19A NCAC 2E .0222 - Contracts with the Department
Agency Revised Rule
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1336
RULES INVALIDATED BY JUDICIAL DECISION
1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court,
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which
invalidate a rule in the North Carolina Administrative Code.
1 NCAC 5A .0010 - ADMINISTRATIVE PROCEDURES
Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared two portions
of Rule 1 NCAC 5A .0010 void as applied in Stauffer Information Systems, Petitioner v. The North Carolina
Department of Community Colleges and The North Carolina Department of Administration, Respondent and
The University of Southern California, Intervenor-Respondent (92 DOA 0666).
10 NCAC 3H .0315(b) - NURSING HOME PATIENT OR RESIDENT RIGHTS
Dolores O. Nesnow, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 3H .0315Cb) void as applied in Barbara Jones, Petitioner v. North Carolina Department of Human
Resources, Division of Facility Ser\ices, Licensure Section, Respondent (92 DHR 1192).
10 NCAC 3R .1124(f) - ACCESSIBILIT\' TO SERVICES
Beecher R. Gray. Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 3R .1124(f) void as applied in Britthaven, Inc. d/b/a Britthaven of Morganton, Petitioner v. N.C.
Department of Human Resources, Division of Facility Serxices, Certificate of Need Section, Respondent and
Valdese Nursing Home. Inc. , Respondent-Intervenor (92 DHR 1785).
ISA NCAC 30 .0201(a)(1)(A) - STDS FOR SHELLFISH BOTTOM & WATER COLUMN LEASES
Julian Mann IIL Chief Administrative Law Judge with the Office of Administrative Hearings, declared Rule
15A NCAC 30 .0201(a)(1)(A) void as applied in William R. Willis, Petitioner v; North Carolina Division of
Marine Fisheries, Respondent (92 EHR 0820).
15A NCAC 19A .0202(d)(10) - CONTROL MEASLHES - HIV
Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 15A
NCAC 19A .0202(d)(10) void as applied in ACT-UP TRIANGLE (AIDS Coalition to Unleash Pov^-er Triangle),
Steven Harris, and John Doe. Petitioners v. Commission for Health Services of the State of North Carolina,
Ron Levine, as Assistant Secretary of Health and State Health Director for the Department of Emironment,
Health, and Natural Resources of the State of North Carolina, William Cobey, as Secretary of the Department
of Emironment. Health, and Natural Resources of the State of North Carolina, Dr. Rebecca Meriwether, as
Chief, Communicable Disease Control Section of the North Carolina Department of Environment, Health, and
Natural Resources, Vijyne Bobbitt Jr . as Chief of the HIV/SID Control Branch of the North Carolina
Department of Emironment, Health, and Natural Resources , Respondents (91 EHR 0818).
1337 8:14 NORTH CAROLINA REGISTER October 15, 1993
CONTESTED CASE DECISIONS
1 his Section contains the full text of some of the more significant Administrative Law Judge decisions
along with an index to all recent contested cases decisions which are filed under North Carolina 's
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698.
AGENCY
CASE
NUMBER AJUI
n\TEOF
DECISION
PUBLISHED DECISION
REGISTER CITATION
ADMINISTRATION
LMS Express, Inc. v. Administration, Div of Purchase & Contract 92 DOA 0735
StaufFer Information Systems v. Community Colleges &. Administration 92 DOA 0803
McLaurin Parking Co. v. Administration 92 DOA 1662
Warren H. Amngton Jr. v. Division of Purchase & Contract 93 DOA 0132
ALCOHOLIC BEVERAGE CONTROL COMMISSION
Morgan 06/04/93
West 06/10/93
Morrison 04/02/93
West 07/21/93
8:7 NCR 613
8:3 NCR 320
Alcoholic Beverage Control Comm. v. Aim Oldham McDowell
Curtis R^ Lynch v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Conun. v. Ezra Everett Rigshee
Alcoholic Beverage Contnal Comm. v. Partnership, Phillip Owen Edwand
Gary Morgan Neugent
Azzat Aly Amer
Kirty Ronald Eldridge
Gloria Black McDuffie
Larry Isacc Hailstock
V. Author^ Ralph Cccchini Jr.
Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. '
Alcoholic Beverage Control Comm. '
Alcoholic Beverage Control Comm.
Johrmie L. Baker v. Alcoholic Beverage Control Commission
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace
Alcoholic Beverage Control Comm. v. Mermaid, Inc.
Alcoholic Beverage Control Comm. v. Majdi Khalid Wahdan
Cornelius Hines T/A Ebor^ Lour^e v. Alcoholic Beverage Ctl. Comm.
Alcoholic Beverage Control Comm. v. Homer I^trick Godwin Jr.
Alcoholic Beverage Control Comm. v. Wanda Lou Ball
Charles Anthonious Morant v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Billy Fincher McSwain Jr.
Jean Hoggard Askew v. Alcoholic Beverage Control Commission
ABC Comm. v. Partnership/T/A Conotheis Comty Clr &. Pri\Bte Club
Alcoholic Beverage Control Comm. v. James Elwood Alphin
Alcoholic Beverage Control Comm. v. James WtlHam Campbell
Barbara Locklear v. Alcoholic Beverage Control Commission
Zachary Andre Jones v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Richard Donald James Jr.
William Vernon Franklin & Gene Carroll Daniels v. ABC Commission
Charles Edward Hare, Club Paradise v. Alcoholic Beverage Ctl. Comm.
Alcohlic Beverage Control Comm. v. Partnership t/a RJ's Store
Alcoholic Bev. Control Comm. v. Mild & Wild, Inc., Sheila Scholz
92 ABC 0260 Morgan 04/01/93
92 ABC 0288 Gray 05/18/93
92 ABC 0702 WesI 07/30/93
92 ABC 0978 Gray 05/28/93
92 ABC 1086 Becton 03/22/93
92 ABC 1 149 Reilly 09/01/93
92 ABC 1153 Chess 04/26/93
92 ABC 1476 West 05/26/93
92 ABC 1483 Reilly 04/07/93
92 ABC 1690 Morgan 06/29/93
92 ABC 1735 Chess 05/07/93
93 ABC 0002 Morrison 07/02/93
93 ABC 0047 Gray 05/28/93
93 ABC 0076 Gray 08/04/93
93 ABC 0087 Becton 07/06/93 8:9 NCR 785
93 ABC 0118 Morrison 08/04/93
93 ABC 0125 Reilly 05/13/93
93 ABC 0182 Nesnow 07/29/93
93 ABC 0232 Chess 07/20/93
93 ABC 0239 Gray 08/26/93
93 ABC 0255 West 09/10/93
93 ABC 0318 Reilly 07/22/93
93 ABC 0326 Gray 08/26/93
93 ABC 0327 Gray 08/09/93
93 ABC 0395 West 09/14/93
93 ABC 0421 West 09/13/93
93 ABC 043
1
Nesnow 09/01/93
93 ABC 0570 Reilly 09/17/93
93 ABC 0644 Gray 08/10/93
93 ABC 0860 Mann 09/29/93
93 ABC 1475 Nesnow 03/23/93
COMMERCE
Lester Moorc v. Weatheri2ation Assistance Program
CRIME CONTROL AND PUBLIC SAFETY
93 COM 0105 Gray 03/08/93
George W. I^ylor v. Crime Victims Compensation Comm.
Steven A. Bamer v. Crime Victims Compensation Comm.
Anthoriy L. Hart v. Victims Compensation Comm.
Jermifer Ayers v. Crime Victims Compensation Comm.
Janie L. Howard v. Crime Victims Compensation Comm.
Isabelle Hyman v. Crime Victims Compensation Comm.
James G Pellom v. Crime Control &. Public Safely
Norman E. Brown v. Victims Compensation Commission
91 CPS 1286 Morgan 04/27/93
92 CPS 0453 Nesnow 06/01/93
92 CPS 0937 Chess 03/01/93
92 CPS 1195 Reilly 03/19/93
92 CPS 1787 Reilly 03/26/93
92 CPS 1807 Morrison 05/24/93
93 CPS 0034 Gray 05/05/93
93 CPS 0141 West 07/07/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1338
CONTESTED CASE DECISIONS
AGENCY
Moses H. Cone Mem Hosp v. Victims Compensation Conim.
David & Jane Spano v. Crime Control &l F^ihlic Safely
Phillip Edward Moorc v. Crime Control & Public Safety
Norma Jean Purkelt v. Crime Victims Compensation Comm.
Sheila Carter v. Crime Control and Public Safety
John Willie Leach v. Crime Victims Compensation Comm.
Nellie R. Mangum v. Crime Victims Compensation Comm.
Constance Brown v. Crime Victims Compensation Comm.
Susan Coy v. Crime Victims Compensation Commission
CASE DATE OF
NUMBER ALJ DECISION
93CPS 0152 Nesnow 04/02/93
93 CPS 0160 Ne«now 07/30/93
93 CPS 0169 Nesnow 05/20/93
93 CPS 0205 Wcsl 08/27/93
93 CPS 0249 Morgan 08/25/93
93 CPS 0263 Morrison 05/20/93
93 CPS 0303 Morrison 06/08/93
93 CPS 035
1
Reilly 05/24/93
93 CPS 0623 Reilly 09/22/93
PUBLISHED DECISION
REGISTER CITATION
8:3 NCR 327
8:10 NCR 862
8:12 NCR 1171
<
ENVIRONMENT. HEALTH. AND NATURAL RESOURCES
Charles L. Wilson v. Environment, Health, &. Natural Resources
J. Bruce Mulligan v. Environment, Health, &. Natrual Resources
Michael D. Barnes v. Onslow Cty HIth &. Environment and EHR
William E. Finck v. Environment, Health. & Natural Resources
Utl(^ C. Stallings v. Environment, Health. & Natural Resources
A.J. Ballard Jr.. Tire &. Oil Co.. Inc. v. En\'.. Health, &. Nat. Res.
Safew^ Removal. Inc. v. Environment. Health, &. Natural Res.
White Oak Chapter of the Izaak Walton League, Inc., and
National Parks and Conservation Association. Inc. v.
Division of Solid Waste Management. EHR and Haywood County
Elizabeth City/I^quotank Cty Mun Airport Aulh v. EHNR
Interstate Brands Corp &. Donald Leffew v. Env.. Health, & Nat. Res.
Ser\'ice Oil Company v. Environment, Health, & Natural Resources
Interstate Brands Corp & Donald Leffew v. Env.. Health, & Nat. Res.
Residents of Camm & Shell v. Health Environmental - Septic Tank Div.
City of Salisbury v. Environment, Health, & Natural Resources
Willie M. Watford v. Hertford Gates District Health Department
Standard Speciality Contractors, Inc. v. EHNR
Shav-xqi A. Jaber v. Envirormient, Health, & Natural Resources
Angela Power, Albert Power v. Children's Special Health Svcs.
Rayco Utilities, Inc. v. Environment, Health. & Natural Resources
Erby Lamar Grainger v. Environment, Health, & Natural Resources
Mustafa E. Essa v. Environment, Health, & Natural Resources
Charlie Garfield Mcpherson Swine Farm v. Env., Health, &. Nat. Res.
Roselta Brim^e, Vanessa f^ck v. Ertv. Health of C^a^'en County
R.L. Stowe Mills, Inc. v. Environment, Health, tS: Natural Resources
O.C. Stafford /Larry Haney v. Montgomery Cty. Health Dept.
Fred M. Grooms v. Errvironment, Health, & Natural Resources
Bobty Anderson v. Environment, Health, & Natural Resources
Shell Bros. Dist., Inc. v. Environment, Health, & Natural Resources
Fred C. Gosnell Sl wife, I^tricia T. Gosnell v. Env., Health. & Nat. Res.
Holding Bros., Inc. v. Environment. Health, & Natural Resources
Hamilton Beach/Proctor-Silex. Inc. v. Environment. Health. & Nalrl Res
91 EHR 0664 Morgan 03/23/93
91 EHR 0773 W«it 07/13/93
91 EHR 0825 Morgan 06/21/93
92 EHR 0040 Gray 06/14/93
92 EHR 0062 Gray 03/15/93
92 EHR 0754 Nesnow 08/30/93
92 EHR 0S26 West 03/12/93 8:1 NCR 83
92 EHR 0881 West 09/14/93
92 EHR 1140 Gray 04/13/93
92 EHR 1201*" Reilly 08/12/93
92 EHR 1205 Reilly 05/27/93
92 EHR 1224*" Reilly 08/12/93
92 EHR 1462 Morrison 08/25/93
92 EHR 1472 Morrison 04/22/93
92 EHR 1600 Chess 03/24/93
92 EHR 1660 Reilly 05/21/93
92 EHR 1784 Becton 07/07/93
93 EHR 0008 Becton 03/24/93
93 EHR 0063 Morrison 09/17/93
93 EHR 0071 Reilly 06/21/93
93 EHR 0146 Gray 03/29/93
93 EHR 0181 Reilly 07/23/93 8:10 NCR 870
93 EHR 0206 Nesnow 05/20/93
93 EHR 0219 Morrison 08/11/93 8:11 NCR 996
93 EHR 0224 Gray 06/07/93
93 EHR 0276 West 08/27/93 8:12 NCR 1176
93 EHR 0299 Reilly 06/07/93
93 EHR 0308 Becton 05/18/93
93 EHR 0340 Becton 08/11/93
93 EHR 0380 Nesnow 08/03/93 8:11 NCR 1001
93 EHR 0477 Reilly 06/29/93
i
HUMAN RELATIONS COMMISSION
Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 92 HRC 0560 Becton 09/07/93 8:13 NCR 1287
Human Relations Comm. on behalf of Maisha Crisco v. Hayden Morrison 93 HRC 0167 Reilly 08/18/93 8:12 NCR 1168
HUMAN RESOURCES
O.C. Williams v. Human Resources
Ronald Terry Brown v. Human Resources
Dennis K. King v. Human Resources
Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources
Raymond L. Griffin v. Human Resources
O.C. Williams v. Human Resourc^es
Michael L. Ray v. Human Resources
Randy Chambliss v. Human Resources
Melvin White v. Human Resources
Joseph R. KH\'aliauskas Jr. v. Human Resources
Larry D. Boyd v. Human Resources
91 CSE0036*- Morgan 03/30/93
91 CSE0249 Morgan 05/17/93
91 CSE 1122 Morgan 07/28/93
91 CSE 1131 Morgan 08/24/93
91 CSE 1148 Morgan 08/24/93
91 CSE 1158*= Morgan 03/30/93
91 CSE 1173 Morgan 05/17/93
91 CSE 1187 Morgan 04/28/93
91 CSE 1192 Morgan 05/17/93
91 CSE 1204 Morgan 07/29/93
91 CSE 1214 Morgan 08/24/93
i
Consolidated cases.
1339 8:14 NORTH CAROLINA REGISTER October 15, 1993
CONTESTED CASE DECISIONS
I
>
>
AGENCY
JefiFerson D. Bcylen v. Human Resources
Jefifery D. Williams v. Human Resources
Jerry L. Summere v. Human Resources
Samuel E. Massenbetg Jr. v. Human Resources
William A. Dixon v. Human Resources
Gregory L. Washington v. Human Resources
Edwin Clarke v. Human Resources
Dw^ne Allen v. Human Resources
Edwin Ivester v. Human Resources
Connie F Epps, Otis Junior Epps v. Human Resources
Tyrone Aiken v. Human Resources
Everett M. Eaton v. Human Resources
Edftaid E. Brandon v. Human Resources
Darrell W. Russell v. Human Resources
John Henry Byrd v. Human Resources
Michelle D. Moblcy v. Human Resources
Gus W. Lx)ng Jr. v. Human Resources
Robert E. Watson v. Human Resources
Byron Christopher Williams v. Human Resources
James W. Bell v. Human Resources
Charles W. Stall Jr. v. Human Resources
Eric Stanley Stokes v. Human Resources
Clayton L. Littleton v. Human Resources
Frank E. Johnson v. Human Resources
David Rollins v. Human Resources
Willie Sam Brown v. Human Resources
Lyndell Greene v. Human Resources
Charles Swann v. Human Resources
Michael Anthony Dean v. Human Resources
Leroy Snuggs v. Human Resources
James P. Miller ID v. Human Resources
Herbert H. Fordham v. Human Resources
Jack Dulq v. Human Resources
Larry L. Crowder v. Human Resources
Carlos Bemaid Davis v. Human Resources
Ocie C. Williams v. Human Resources
Terrance Freeman v. Human Resources
Floyd Excell Stafford v. Human Resources
Timothy Brian EUer v. Human Resources
Charles S. Ferrer v. Human Resources
Ronald H. Lockl^ v. Human Resources
Rene Thomas Rittenhouse v. Human Resources
Thomas Edward Williamson v. Human Resources
Roy Chester Robinson v. Human Resources
Lynwood McClinton v. Human Resources
Timothy Scott Long v. Human Resources
David W. Williams v. Human Resources
William E. Ingram v. Human Resources
Harold R. Pledger v. Human Resources
Carl Beard v. Human Resources
Henry Alston Jr. v. Human Resources
Michael W. Bentley v. Human Resources
Dale Robert Stuhrc v. Human Resources
James T Carter Jr. v. Human Resources
Tommy Malone v. Human Resources
James C. Dixon Jr. v. Human Resources
Timotlty R. Currence v. Human Resources
Wallace M. Cooper v. Human Resources
Jarvis N. Price v. Human Resources
Thomas L. Yates v. Human Resources
Robert E. Tarlton Sr. v. Human Resources
Rodney Devaid Clemons v. Human Resources
James A. Coleman v. Human Resources
Lee Richard Jones v. Human Resources
Romeo F. Skapple v. Human Resources
Jeffrey L. Garrett v. Human Resources
Edward Kirk v. Human Resources
William C. Hubbaid v. Human Resources
CASE DATE OF PUBLISHED DECISION
NUMBER ALJ DECISION REGISTER CITATION
91 CSE 1217 Morgan 05/17/93
91 CSE 1231 Morgan 04/28/93
91 CSE 1234 Morgan 07/28/93
91 CSE 1249 Morgan 05/17/93
91 CSE 1277 Morrison 03/04/93
92 CSE 0075 Morgan 04/01/93
92 CSE 0129 Morgan 05/17/93
92 CSE 0196 Morgan 03/31/93
92 CSE 0268 Nesnow 03/30/93
92 CSE 1182 Reilly 07/22/93
92 CSE 1217 Gray 06/17/93
92 CSE 1221 Reilly 07/27/93
92 CSE 1237 Gray 04/16/93
92 CSE 1249 Beeton 04/20/93
92 CSE 1250 Reilly 06/04/93
92 CSE 1256 Nesnow 04/15/93
92 CSE 1263 Gray 08/16/93
92 CSE 1265 Reilly 05/06/93
92 CSE 1270 Nesnow 04/26/93
92 CSE 1311 Nesnow 05/10/93
92 CSE 1313 Mann 07/06/93
92 CSE 1316*' Reilly 03/25/93
92 CSE 1317 Morrison 09/02/93
92 CSE 1326 Reilly 08/16/93
92 CSE 1334 Morrison 05/06/93
92 CSE 1338 Morrison 09/15/93
92 CSE 1346 Nesnow 04/16/93
92 CSE 1347 West 09/16/93
92 CSE 1356 Morrison 08/13/93
92 CSE 1360 Morrison 04/15/93
92 CSE 1361 Gray 04/16/93
92 CSE 1362 Nesnow 07/19/93
92 CSE 1374 Gray 07/16/93
92 CSE 1396 Reilly 04/15/93
92 CSE 1404 Peiily 04/15/93
92 CSE 1405 Mann 06/25/93
92 CSE 1411 Mann 06/07/93
92 CSE 1412 Reilly 08/31/93
92 CSE 1414 Reilly 04/20/93
92 CSE 1416 Mann 04/15/93
92 CSE 1418 Nesnow 04/20/93
92 CSE 1421 Nesnow 04/20/93
92 CSE 1422 Reilly 04/20/93
92 CSE 1423 Reilly 04/15/93
92 CSE 1424 Reilly 09/15/93
92 CSE 1445 Beeton 06/29/93
92 CSE 1448 Nesnow 07/19/93
92 CSE 1450 Reilly 04/15/93
92 CSE 1455 Morrison 05/20/93
92 CSE 1459 Reilly 09/08/93
92 CSE 1460 Beeton 06/29/93
92 CSE 1512 Nesnow 06/09/93
92 CSE 1516 Reilly 05/11/93
92 CSE 1517 Mann 08/31/93
92 CSE 1520 Mann 05/07/93
92 CSE 1522 Beeton 05/11/93
92 CSE 1523 Reilly 09/09/93
92 CSE 1527 Reilly 05/11/93
92 CSE 1531 Morrison 05/12/93
92 CSE 1535 Gray 05/10/93
92 CSE 1536 Gray 05/17/93
92 CSE 1539 Gray 05/10/93
92 CSE 1540 Reilly 05/11/93
92 CSE 1541 Reilly 09/08/93
92 CSE 1545 Gray 04/26/93
92 CSE 1557 Gray 04/22/93
92 CSE 1560 Gray 06/29/93
92 CSE 1562 Mann 05/12/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1340
CONTESTED CASE DECISIONS
AGENCY
William Michael Przytysz v. Human Resources
Edv^id Fitch V. Human Resources
David Robinette v. Human Resources
Kil C. Elmore v. Human Resources
Brian C. Gilmore v. Human Resources
Philip S. Piercy v. Human Resources
Anthony McLaughlin v. Human Resources
Johni^ W. Cooke v. Human Resources
Roland L. Essaff v. Human Resources
Isaac Maxwell v. Human Resources
Donald J. R^ v. Human Resources
Charles Wayne Pierce v. Human Resources
Donna G. Knotb v. Human Resources
Donald R. Williams v. Human Resources
McKinlcy Clyhurn v. Human Resources
Henry L. T^lor v. Human Resources
Tony TTiorpe v. Human Resources
Jetfery D. Williams v. Human Resources
Ronald Sowell v. Human Resources
Billy Smith v. Human Resource

RBR/ KrNi/7A34- /, A 2 / NgI
RECEIVED
OCT ^1 1993
LAW LIBRARY
NORTH CAROLINA
REGISTER
IN TfflS ISSUE
EXECUTIVE ORDERS
PROPOSED RULES
Commerce
Enviromnent, Health, and Natural Resources
Human Resources
Insurance
Pharmacy, Board of
Therapeutic Recreation Certification Board
RRC OBJECTIONS
RULES INVALIDATED BY JUDICIAL DECISION
CONTESTED CASE DECISIONS
ISSUE DATE: October 15, 1993
Volume 8 • Issue 14 • Pages 1308 - 1367
TNFORMATTON ABOUT THE NORTH CAROLINA REGISTER AND ADMTNISTRATTVE CODE
NORTH CAROLINA REGISTER TEMPORARY RULES
Tlie North Carolina Register is published twice a month and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
General Statutes. All proposed administrative rules and notices of
public hearings filed under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.
State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.
The North Carolina Register is available by yearly subscription
at a cost of one hundred and five dollars (5105.00) for 24 issues.
Individual issues may be purchased for eight dollars ($8.00).
Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings,
P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447.
Under certain emergency conditions, agencies may issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's written statement of
findings of need for the temporary rule pursuant to the provisions in
G.S. 150B-21.1. If the Codifier determines that the findings meet
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If
the Codifier determines that the fmdings do not meet the criteria,
the rule is returned to the agency. The agency may supplement its
findings and resubmit the temporary rule for an additional review
or the agency may respond that it will remain with its initial
position. The Codifier, thereafter, will enter the rule into the
NCAC. A temporary rule becomes effective either when the
Codifier of Rules enters the rule in the Code or on the sixth
business day after the agency resubmits the rule without change.
The temporary rule is in effect for the period specified in the rule or
180 days, whichever is less. An agency adopting a temporar,' rule
must begin rule-making procedures on the permanent rule at the
same time the temporary rule is filed with the Codifier.
ADOPTION AMENDMENT, AND REPEAL OF
RULES
NORTH CAROLINA ADMINISTRATIVE CODE
The following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
150B of the General Statutes.
Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may request
a hearing); a statement of procedure for public comments; the text
of the proposed rule or the statement of subject matter; the reason
for the proposed action; a reference to the statutory authority for the
action and the proposed effective date.
Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule tliat
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.
When final action is taken, the promulgating agency must file
the rule with the Rules Review Commission (RRC). After approval
by RRC, the adopted rule is filed with the Office of Administrative
Hearmgs (OAH).
A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative Code
(NCAC).
Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before filing with OAH for publication in the NCAC.
The North Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 stale
agencies and 38 occupational licensing boards. The NCAC
comprises approximately 15,000 letter size, single spaced pages of
material of which approximately 35% of is changed annually.
Compilation and publication of the NCAC is mandated by G.S.
150B-21.18.
The Code is divided into Titles and Chapters. Each state agency
is assigned a separate title which is further broken down by
chapters. Title 21 is designated for occupational licensing boards.
The NCAC is available in two formats.
(1) Single pages may be obtained at a minimum cost of
two dollars and 50 cents (S2.50) for 10 pages or less,
plus fifteen cents (S0.15) per each additional page.
(2) The full publication consists of 53 volumes, totaling in
excess of 15,000 pages. It is supplemented monthly
with replacement pages. A one year subscription to the
full publication including supplements can be
purchased for seven hundred and fifty dollars
(S750.00). Individual volumes may also be purchased
with supplement service. Renewal subscriptions for
supplements to the initial publication are available.
Requests for pages of rules or volumes of the NCAC should be
du'ected to the Office of Administrative Hearings.
CITATION TO THE NORTH CAROLINA
REGISTER
The North Carolina Register is cited by volume, issue, page
number and date. 1:1 NCR 101-201, April 1, 1986 refers to
Volume 1, Issue 1, pages 101 through 201 of the North Carolina
Register issued on April 1, 1986.
FOR INFORMATION CONTACT: Office of
Administrative Hearings, ATTN: Rules Division, P.O.
Drawer 27447, Raleigh, North Carolina 27611-7447, (919)
733-2678.
NORTH
CAROLINA
REGISTER
Office of Administrative Hearings
P. O. Drawer 27447
Raleigh, North Carolina 27611-7447
(919) 733-2678
Julian Mann III,
Director
James R. Scarcella Sr.
,
Deputy Director
Molly Masich,
Director of APA Services
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
ISSUE CONTENTS
I. EXECUTIVE ORDERS
Executive Orders 28-30 1308
II. PROPOSED RULES
Commerce
ABC Commission 1310
Banking Commission 1312
Environment, Health, and
Natural Resources
Soil and Water Conservation .... 1322
Human Resources
Facility Services 1312
Medical Assistance 1316
Insurance
Actuarial Services Division .... 1321
Financial Evaluation Division . . . 1317
Life and Health Division 1318
Licensing Boards
Pharmacy, Board of 1326
Therapeutic Recreation Certification
Board 1328
III. RRC OBJECTIONS 1333
IV. RULES INVALIDATED BY
JUDICIAL DECISION 1337
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions 1338
Text of Selected Decisions
92 OS? 1180 1346
92 DST 1439 1356
93 DST 0198 1360
VI. CUMULATFVE INDEX 1365
NORTH CAROLINA REGISTER
Publication Schedule
(July 1993 - May 1994)
Volume
and
Issue
Number
Issue
Date
Last Day
for
FiLmg
Last Day
for Elec-tronic
Filing
Earliest
Date for
Public
Hearing
75 days
from
notice
* End of
Required
Comment
Penod
30 days
from
notice
Last Day
to Submit
toRRC
** Earliest
Effective
Date
8:7 07/01/93 06/10/93 06/17/93 07/16/93 08/02/93 08/20/93 10/01/93
8:8 07/15/93 06/23/93 06/30/93 07/30/93 08/16/93 08/20/93 10/01/93
8:9 08/02/93 07/12/93 07/19/93 08/17/93 09/01/93 09/20/93 11/01/93
8:10 08/16/93 07/26/93 08/02/93 08/31/93 09/15/93 09/20/93 11/01/93
8:11 09/01/93 08/11/93 08/18/93 09/16/93 10/01/93 10/20/93 12/01/93
8:12 09/15/93 08/24/93 08/31/93 09/30/93 10/15/93 10/20/93 12/01/93
8:13 10/01/93 09/10/93 09/17/93 10/18/93 11/01/93 11/22/93 01/01/94
8:14 10/15/93 09/24/93 10/01/93 11/01/93 11/15/93 11/22/93 01/01/94
8:15 11/01/93 10/11/93 10/18/93 11/16/93 12/01/93 12/20/93 02/01/94
8:16 11/15/93 10/22/93 10/29/93 11/30/93 12/15/93 12/20/93 02/01/94
8:17 12/01/93 11/05/93 11/15/93 12/16/93 01/03/94 01/20/94 03/01/94
8:18 12/15/93 11/24/93 12/01/93 12/30/93 01/14/94 01/20/94 03/01/94
8:19 01/03/94 12/08/93 12/15/93 01/18/94 02/02/94 02/21/94 04/01/94
8:20 01/14/94 12/21/93 12/30/93 01/31/94 02/14/94 02/21/94 04/01/94
8:21 02/01/94 01/10/94 01/18/94 02/16/94 03/03/94 03/21/94 05/01/94
8:22 02/15/94 01/25/94 02/10/94 03/02/94 03/17/94 03/21/94 05/01/94
8:23 03/01/94 02/08/94 02/15/94 03/16/94 03/31/94 04/20/94 06/01/94
8:24 03/15/94 02/22/94 03/10/94 03/30/94 04/14/94 04/20/94 06/01/94
9:1 04/04/94 03/11/94 03/18/94 04/19/94 05/04/94 05/20/94 07/01/94
9:2 04/15/94 03/24/94 03/31/94 05/02/94 05/16/94 05/20/94 07/01/94
9:3 05/02/94 04/11/94 04/18/94 05/17/94 06/01/94 06/20/94 08/01/94
9:4 05/16/94 04/25/94 05/02/94 05/31/94 06/15/94 06/20/94 08/01/94
Note: Time is computed according to the Rules of Civil Procedure, Rule 6.
* An agency must accept comments fr)r at least 30 days after the proposed text is published or until the date
of any public hearing, whichever is longer See G.S. 150B-21. 2(f) for adoption procedures.
** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above,
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, ami
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next
calendar month.
Reiised 07/93
EXECUTIVE ORDERS
EXECUTIVE ORDER NUMBER 28
AGRICULTURE, FORESTRY, AND
SEAFOOD INDUSTRY ADVISORY
COMMITTEE
(b) Members of the Committee shall serve on a
voluntary basis without compensation of any sort,
including travel or subsistence allowable under
state law.
WHEREAS, the harvest of North Carolina's
fields, forests and waters is a principal element in
the economy of our State; and
WHEREAS, State policy on agriculture, forestry,
and the seafood industry as set by the Governor
should be developed with the advice of representa-tives
from those industries.
This Executive Order shall be effective immedi-ately.
Done in Raleigh, North Carolina, this the 28th
day of September, 1 993
.
EXECUTIVE ORDER NUMBER 29
TEACHER ADVISORY COMMITTEE
NOW, THEREFORE, by the authority vested in
me as Governor by the Constitution and laws of
North Carolina, IT IS ORDERED:
Section 1. COMMITTEE AND MEMBERSHIP
(a) There is hereby established the Advisory
Committee on Agriculture, Forestry, and the
Seafood Industry ("Committee").
(b) The Committee shall consist of at least 15
members who shall be appointed by the Governor.
The Governor shall appoint a Chair and Vice-
Chair of the Committee.
(c) Initially, one half of the members shall serve
for two-year terms, and one half shall serve one-year
terms. Thereafter, each member shall serve
a two-year term.
(d) Meetings may be called by the Governor or
the Chair, and shall be held at least quarterly.
Section 2. DUTIES
The Committee shall have the following func-tions
and duties:
(a) to advise the Governor concerning his
policies related to the harvest of fields,
forests, and waters;
(b) to afford citizens the opportunity to voice
their views, suggestions, and ideas re-garding
these matters;
(c) to advise the Governor about matters
revealed by its inquiries and presented to
it by the citizens of North Carolina;
which relate to fields, forests, and wa-ters;
and
(d) to undertake such other functions and
duties as may be assigned by the Gover-nor.
Section 3. ADMINISTRATION
(a) The Governor's Office shall provide such
clerical and other support services as may be
required by the Committee.
By the authority vested in me as Governor by the
Constitution and laws of the State of North Caroli-na,
IT IS ORDERED:
Section 1. Establishment .
There is hereby established A Teacher Advisory
Committee ("Committee"). The Committee shall
be composed of fifteen members appointed by the
Governor. The appointed members shall serve
two year terms. The Governor shall also appoint
the Chair.
Section 2. Meetings .
(a) The Committee shall meet at least once each
quarter and may hold special meetings at any time
at the call of the Chair or the Governor.
(b) The Committee must meet as a quorum. A
quorum, for the purposes of this Order, is defined
as a simple majority.
Section 3. Expenses and Administration.
(a) Committee members shall receive necessary
travel and subsistence expenses, in accordance
with North Carolina law. If they are not otherwise
reimbursed for their out-of-pocket expenditure of
$52.(X)/day substitute teacher pay, members may
request that amount as well.
(b) The Office of the Governor shall provide
staff and administrative support services for the
Committee.
Section 4. Duties
(a) Advise the Governor concerning the experi-ences
and reactions of teachers in the classrooms
of North Carolina and assist the Governor in his
eflForts to improve teaching conditions.
(b) Recommend ways to end intellectual isola-tion
among teachers and to increase meaningful
school-based decision making.
(c) Examine factors that encourage excellent
students to seek a career in teaching and highly
8:14 NORTH CAROLINA REGISTER October 15, 1993 1308
EXECUTIVE ORDERS
professional teachers to remain in the classroom.
Recommend ways to replicate those factors.
(d) Identify, recognize, and celebrate entrepre-neurial
schools and school systems in North
Carolina, i.e. those that take risks to improve
educational outcomes for children.
(e) Propose methods of rewarding teachers
achieving certification from the National Board for
Professional Teaching Standards.
(f) Serve as an advisory committee to the North
Carolina Standards and Accountability Commis-sion.
This Order shall be effective immediately.
Done in Raleigh, North Carolina, this the 28th
day of September, 1993.
EXECUTIVE ORDER NUMBER 30
fflGHWAY BEAUTIFICATION COUNCIL
(3) promote citizens' participation in the
department's volunteer beautification
programs;
(4) provide information to the citizens of
North Carolina concerning highway
beautification issues;
(5) promote anti-litter activities of the De-partment
of Transportation; and
(6) recommend measures to reduce solid
waste by 25% in 1993 and by 40% by
the year 2001.
Section 5. Administrative Support and Expens-es.
Administrative and other support services for the
Council shall be provided by the Department of
Transportation. Council members shall receive
reasonable travel and subsistence expenses in
accordance with state law. Expenses shall be paid
out of the Department of Transportation's budget.
By the authority vested in me as Governor by the
Constitution and laws of the State of North Caroli-na,
IT IS ORDERED:
Section 1. Establishment.
There is hereby established the Highway Beauti-fication
Council ("Council").
Section 6. Rescission.
Martin Administration Executive Order 126, as
amended, is hereby rescinded. The Council
created herein shall be the successor to that High-way
Beautification Council.
This Order shall be effective immediately.
Section 2. Membership.
The Council shall consist of 20 members to be
appointed by the Governor. Ten members shall
serve two-year initial terms and ten members shall
serve four-year initial terms. Thereafter, all
appointments shall be for four-year terms. Each
one of the transportation divisions shall be repre-sented
by one member. Six members shall repre-sent
the State at-large.
Done in Raleigh, North Carolina, this the 28th
day of September, 1 993
.
Section 3. Chair.
The Chair shall be chosen from among the
membership of the Council by the Governor and
shall serve as such at the pleasure of the Governor.
TTie Chair shall coordinate the activities of the
Council.
Section 4. Purpose.
The purpose of the Council is to:
(1) provide for citizens' input to the Depart-ment
of Transportation on new and exist-ing
highway beautification programs;
(2) make recommendations to the Depart-ment
of Transportation regarding expen-ditures
for the planting of wildflowers
and/or other fiora along State highways;
1309 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
TITLE 4 - DEPARTMENT OF
COMMERCE
lyotice is hereby given in accordance with G.S.
150B-2L2 that the North Carolina ABC Commis-sion
intends to amend rule cited as 4 NCAC 2S
.0612; and adopt rules cited as 4 NCAC 2S .0613
- .0616
1 he proposed effective date of this action is
January 1, 1994.
1 he public hearing will be conducted at 9:30
a.m. on November 19, 1993 at the Hearing Room,
North Carolina ABC Commission, 3322 Gamer
Road, Raleigh, NC 27610.
MXeason for Proposed Action: The proposed rules
are necessary due to recent changes made by the
General Assembly to the alcoholic beverage con-trol
laws.
(comment Procedures: Comments should be filed
by November 18, 1993 and addressed to:
Ann S. Fulton, Commission Counsel
North Carolina ABC Commission
PO. Box 26687
Raleigh, NC 27611
hiditor's Note: These Rules were filed as tempo-rary
rules effective September 24, 1993 for a
period of 180 days or until the permanent rule
becomes effective, whichever is sooner.
CHAPTER 2 - BOARD OF ALCOHOLIC
CO>rrROL
SUBCHAPTER 2S - RETAIL BEER: WINE:
MIXED BEVERAGES: BROWNBAGGEVG:
ADVERTISING: SPECIAL PERMITS
SECTION .0600 - SPECIAL
REQUIREMENTS FOR CONVENTION
CENfTERS, COMMUNITY THEATRES,
SPORTS CLUBS, AND NOIVPROFIT AND
POLITICAL ORGANIZATIONS
,0612 RECORD KEEPING
(a) Convention centers, community theatres,
sports olubs, nonprofit and political organizations
holding Mixed Beverages permits shall maintain
full and accurate monthly records of their finances,
separately indicating each of the following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and
the quantity of spirituous liquor pur-chased;
(2) amounts collected from the sale of
mixed beverages and, by brand and
container size, the quantity of spirituous
liquor sold;
(3) the quantity of spirituous liquor, by
brand and container size, that was not
sold but is no longer on the premises
due to stated reasons, such as breakage
or theft.
(b) Segregation of Records. Records of pur-chases
of spirituous liquor and sales of alcoholic
beverages shall be filed separate and apart from all
other records maintained on the premises.
(c) Retention and Inspection of Records. Re-cords,
including original invoices related to alco-holic
beverages and mixed beverages, shall be
maintained on the premises for three years and
shall be open for inspection or audit pursuant to
G.S. 183-502.
(d) Submission of Financial Records. A permit-tee
holding a Mixed Beverages permit under this
Rule shall submit to the Commission for its re-view,
on forms provided by the Commission,
regular reports summarizing the information
required to be maintained by the rule. These
reports shall be submitted on a quarterly basis
during the first year of operation as a licensed
premises, and thereafter, on an annual basis or on
a schedule set by the Commission.
Statutory Authority G.S. 18B-207: 18B-1007.
.0613 SPORTS CLUB: DEFINITIONS
In interpreting the term sports club as contained
in OS^ 183-1000(8), the following definitions
shall apply:
(1) "Equipment" means golf clubs, tennis
rackets, golf and tennis balls, golf and
tennis shoes, golf and tennis gloves, golf
tees, golf and tennis clothing, and other
items worn or utilized by the golfer or
tennis player while engaged in the activi-ties
of golf or tennis.
12} "Golf course" means an 18 hole course
13}
designed and maintained for the play of
the game of golf with a total tee to green
length of at least 4,000 yards.
"Gross receipts for alcoholic beverages"
means all sales of beer, wine and spiritu-
8:14 NORTH CAROLINA REGISTER October 15, 1993 1310
PROPOSED RULES
ous liquor including any mixers sold in
mixed beverages.
(4) "Receipts for food" means that portion of
the establishment's sales which can be
attributed to the sale of food and non-alcoholic
beverages, which portion is to
be determined in accordance with the
provisions of 4 NCAC 2S .0519(13) and
M.
(5) "Restaurant" means restaurant as defined
in OS, 186-1000(6) and 4 NCAC 2S
.0105.
(6) "Tennis court" means a 60 foot by 120
foot surface composed of asphalt, con-crete,
composite, grass or other similar
material which is constructed and main-tained
so as to permit the play of tennis
on a regular basis and which is complete-ly
enclosed by a chain link, particle
board or other comparable fence.
Statutory Authority G.S. 18B-207: 18B-1000(5a);
18B-1008.
.0614 SPORTS CLUB: REQUIREMENTS
FOR RECEIVING AND HOLDING
PERMITS
To be eligible to receive and to hold ABC per-mits
as a sports club, in addition to the require-ments
imposed by G.S. 18B-1000(8), an establish-ment
shall:
(1) operate a golf course or a tennis court or
both on its premises, and
(2) derive at least 15% of its club activity
fees on an annual basis from sources
other than receipts for food.
Statutory Authority G.S. 188-207; 18B-1000(5a);
18B-1008.
.0615 SPORTS CLUB: CLUB ACTIVITY
FEES
Club activity fees may only include revenues
from the following:
(1) membership dues;
(2) court or greens fees paid by patrons for
the privilege of using the golf course or
the tennis court located on the sports
club's premises;
(3) receipts for food if the establishment
operates a restaurant on its licensed
premises;
(4) equipment sales on the sports club's
licensed premises;
(5) golf cart rental fees;
(6) teaching fees paid to golf or tennis pro-fessionals
for lessons given on the sports
club's premises;
(7) equipment rental fees, if the equipment is
rented for use on the sports club's golf
course or tennis court;
(8) entry fees for golf or tennis tournaments
held on the sports club's premises;
(9) revenue generated by the sale of tickets
to golf or tennis tournaments held on the
sports club's premises.
Statutory Authority G.S. 18B-207; 18B-1000{5a);
18B-1008.
.0616 SPORTS CLUB: RECORD KEEPING
REQUIREMENTS
(a) Monthly Records. A sports club holding
ABC permits issued by the Commission shall
maintain full and accurate monthly records of the
following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and
the quantity of spirituous liquor pur-chased;
(2) amounts collected from the sale of
mixed beverages and, by brand and
container size, the quantity of spirituous
liquor sold;
(3) the quantity of spirituous liquor, by
brand and container size, that was not
sold but Is no longer on the premises
due to stated reasons, such as breakage
or theft;
(4) amounts collected from the sale of malt
beverages, fortified wine, and unforti-fied
wine;
(5) amounts collected from club activity
fees, excluding receipts for food;
(6) receipts for food.
(b) The records required to be kept by this Rule
shall be kept separate and apart from all other
records maintained on the premises.
(c) Records, including original invoices related
to alcoholic beverages and mixed beverages, shall
be maintained on the premises for three years and
shall be open to inspection or audit pursuant to
G.S. 18B-502.
(d) A sports club holding ABC permits shall
submit to the Commission for its review, on forms
provided by the Commission, regular reports
summarizing the information required by this
Rule. These reports shall be submitted on a
quarterly basis during the first year of operation
with sports club ABC permits, and thereafter, on
1311 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
an annual basis or on a schedule set by the Com-mission.
Statutory Authority G.S. 18B-207; 18B-1000(5a);
18B-10O8.
Notice is hereby given in accordance with G.S.
150B-2L2 that the North Carolina Banking Com-mission
intends to adopt rule cited as 4 NCAC 3F
.0202.
1 he proposed effective date of this action is
January 1 , 1994.
1 he public hearing will be conducted at 8:30
a.m. on November 1 , 1993 at the North Carolina
Banking Commission, 430 N. Salisbury Street,
Dobbs Bldg., Room 6227, 6th Floor, Raleigh,
North Carolina 27626.
MXeason for Proposed Action: To implement the
provisions of Article 16, Chapter 53 of the North
Carolina General Statutes.
(comment Procedures: Comments may be made
orally or in writing and must be submitted no later
than November 15, 1993. Please direct comments
to T. Mercedes Oglukian, Special Counsel, 430 N.
Salisbury Street, Dobbs Bldg., Box 29512, Ra-leigh,
NC 27626-0512, Tel. (919) 733-3016, Fax
(919) 733-6919.
CHAPTER 3 - BANKING COMMISSION
SUBCHAPTER 3F - LICENSEES UNDER
MONEY TRANSMITTERS ACT
SECTION .0200 - ADMINISTRATIVE
.0202 PERMISSIBLE INVESTMENTS
For the purposes of G.S. 53-193(4)(e). invest-ments
that are approved by the Commissioner shall
include the following:
(1) Certificates of deposit or other debt
instruments of financial depository insti-tutions
organized under the laws of the
United States or any state of the United
States.
(2) Bills of exchange or time drafts drawn
upon and accepted by a financial deposi-tory
institution organized under the laws
of the United States or any state of the
United States, otherwise known as
bankers' acceptances, which are eligible
for purchase by member banks of the
Federal Reserve System
.
(3) Commercial Paper bearing a rating of
one of the three highest grades by a
nationally recognized organization which
rates such securities and has been
engaged regularly in the business of
rating such securities for a period of not
less than five years.
(4) Interest-bearing bills, notes, bonds,
debentures, or preferred stock traded on
any national securities exchange or on a
national over-the-counter market bearing
a rating of one of the three highest grades
by a nationally recognized investment
service organization that has been
engaged regularly in the business of
rating corporate debt and equity issues
for a period of riot less than five years.
Statutory Authority G.S. 53-193; 53-206. 1.
TITLE 10 - DEPARTMENT OF
HUMAN RESOURCES
jyiotice is hereby given in accordance with G.S.
150B-21.2 that the Division of Facility Services
(Medical Care Commission) intends to adopt rules
cited as 10 NCAC 3C .2101 - .2105; amend 3C
.0201 and 3D .1301 - .1302.
1 he proposed effective date of this action is
February 1, 1994.
J. he public hearing will be conducted at 9:30
a.m. on December 3, 1993 at the Nations Bank
Markets, Inc. , 100 North Tryon Street, 6th Floor
Assembly Room, Charlotte, NC 28255-0001.
MXeason for Proposed Action:
10 NCAC 3C .0201, .2101 - .2105 - To incorpo-rate
recent legislative changes in hospital licensure
rules that enable rural hospitals to participate in
new federal programs.
10 NCAC 3D .1301 - .1302 - To make the length
of certification for Ambulance Attendants and
Emergency Medical Technicians consistent with the
certification period in HB 508 which was ratified
8:14 NORTH CAROLINA REGISTER October 15, 1993 1312
PROPOSED RULES
effective June 8, 1993.
i^omment Procedures: In order to allow Commis-sion
members sufficient time to review and evalu-ate
your written comments, submit your comments
to Jackie Sheppard, APA Coordinator, DPS, P. O.
Box 29530. Raleigh, NC 27626-0530, telephone
(919) 733-2342 by November 15. 1993 but in no
case, later than December 3, 1993.
CHAPTER 3 - FACILITY SERVICES
SUBCHAPTER 3C - LICENSEVG
OF HOSPITALS
SECTION .0200 - GENERAL
.0201 CLASSIFICATION OF
MEDICAL FACILITIES
fa) The classification of "hospital" shall be
restricted to facilities that provide as their primary
functions diagnostic services and intensive medical
and nursing care in the treatment of acute stages of
illness. On the basis of specialized facilities and
sers'ices available, each such hospital will be
licensed as to the following medical types;
(1) general acute care hospital;
(5^ tuberculosis;
(2) (^ rehabilitation including orthopedics;
hospital ;
pediatric;
{§) eye . ear. nose and throat;
{6) physician's clinic—hospital;
O) designated primary care hospital;
(4) federally certified primary care hospi-taL
Extenuating circumatancos will be considered in
continuing th e lic e nse classification of a fhcilit^'
licensed as a ho s pital prior to September 1. 1960.
(h>) All other inpatient medical facilities accept-ing
patients requiring skilled nursing ser\'ices but
which are not operated as a part of any hospital
within the above meaning shall be considered to
operating as a nursing home and therefore are not
subject to hospital licensure.
(c) Each hospital applying for licensure will be
classified in accordance with the determination of
the Division of Facility Services.
Statutory Authority G.S. 131E-76; 131E-79.
SECTION .2100 - SUPPLEMENTAL RULES
FOR THE LICENSURE OF
DESIGNATED PRIMARY CARE
HOSPITALS AND FEDERALLY
CERTIFIED PRIMARY CARE HOSPFTALS
.2101 SUPPLEMENTAL RUXES
The Rules of this Section pertain only to formally
designated Primary Care Hospitals or Federally
Certified Primary Care Hospitals. The general
requirements of this Subchapter shall apply to such
hospitals except where they are specifically waived
or modified by the rules of this Section.
Statutory- Authority G.S. 131E-76: 131E-79.
.2102 DEFINITIONS
The following definitions shall apply throughout
this Section, unless text otherwise clearly indicates
to the contraryi
(1) "Available" means provided directly by
the Hospital or by written agreement with
a qualified provider of the service within
one hour.
"Designated Priman,' Care Hospital"
means a hospital designated by the North
Carolina Office of Rural Health and
Resource Development in accordance
with N.C.G.S. 131E-76(6).
"Federally Certified Primary Care Hospi-tal"
means a hospital v>'hich has been
designated and certified as a Federally
Certified Rural Primary Care Hospital
under the Essential Access Community
Hospital Program administered through
the North Carolina Office of Rural
Health and Resource Development m
accordance with PL. 101-239 and P.L.
101-508.
£2]
13)
(4) "Primars' Care Inpatient Services" means
that the hospital provides acute care
inpatient services appropriate to the level
of ser\'ice at the facility up to a ma-xi-mum
annual average daily census of 15
patients per day. In addition, the hospital
may also provide long term care in
"sv>'ing bed" or distinct part status and
psychiatric distinct part beds.
Statutory Authority G.S 131E-76: 131E-79.
.2103 LICENSURE APPLICATION
An application from a hospital seeking to be
licensed under the rules of this Section must be
accompanied by written certification from the
North Carolina Office of Rural Health and Re-source
Development that the hospital is a Designat-ed
Primary Care Hospital or a Federally Certified
1313 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
Primary Care Hospital.
Statutory Authority G.S. 131E-76; 131E-79.
.2104 FEDERALLY CERTIFIED PRIMARY
CARE HOSPITAL
(a) Ihe requirements of 10 NCAC 3C .0300
through .2100 shall be waived for a hospital which
the North Carolina Office of Rural Health and
Resource Development certifies as a designated
Federally Certified primary Care Hospital.
(b) TTie Division reserves the right to conduct
any validation survey or investigation of a specific
complaint in hospitals which choose to be licensed
as a Federally Certified Primary Care Hospital.
Statutory Authority G.S. 131E-76; 121E-79.
.2105 DESIGNATED PRIMARY CARE
HOSPITALS
The requirements of 10 NCAC 3C shall apply to
Designated Primary Care Hospitals with the
following modifications:
(1) Autopsy facilities required in Rule .0704
of this Subchapter are not required for a
Designated Primary Care Hospital, pro-vided
that the hospital has in effect a
written agreement with another licensed
hospital meeting Rule .0704 of this Sub-chapter
for providing autopsy services.
(2) Radiological services required in Section
.0800 of this Subchapter are not required
for Designated Primary Care Hospitals
provided that the hospital has in effect a
written agreement which makes radiologi-cal
service available.
£3} Emergency services required in Section
.1000 of this Subchapter are not required
for Designated Primary Care Hospitals.
Medical staff of a Designated Primary
Care Hospital shall assure that hospital
personnel are capable of initiating life-saving
measures at a first-aid level of
response for any patient or person in
need of such services. This shall in-clude:
ia}
£b}
M
Establishing protocols or agreements
with any hospital providing emergency
Initiating basic cardio-respiratory resus-citation
according to the American Red
Cross or American Heart Association
standards;
Availability of inter-veinous fluids and
supplies required to establish inter-veinous
access; and
(d) Availability of first-line emergency
drugs as specified by the medical staff.
(4) Anesthesia services required in Section
.1200 of this Subchapter are not required
in Designated Primary Care Hospitals not
offering outpatient surgery services.
(5) Food services required in Section .1600
of this Subchapter must be provided for
inpatients of Designated Primary Care
Hospitals either directly or made avail-able
through contractual arrangements.
Statutory Authority G.S. 131E-76; 131E-79.
SUBCHAPTER 3D - RULES AND
REGULATIONS GOVERNING
AMBULANCE SERVICE
SECTION .1300 - CERTIFICATION
REQUIREMENTS FOR BASIC LIFE
SUPPORT PERSONNEL
.1301 CERTIFICATION REQUIREMENTS:
AMBULANCE ATTENDANT
(a) To become certified as an Ambulance Atten-dant,
a person must successfully complete either of
the following options:
OPTION I
(1) Be at least 18 years of age;
(2) Pass a physical examination performed
by a physician documenting the ability
to function as an Ambulance Attendant;
(3) Successfully complete, within one year
prior to application, an Ambulance
Attendant training course approved by
the Office of Emergency Medical Ser-vices,
following guidelines established
by the Commission. When training
was completed over one year prior to
application, a person must submit evi-dence
of completion of pertinent re-fresher
training in emergency medicine
taken in the past year for approval by
the Office of Emergency Medical Ser-vices;
(4) Pass a basic life support practical exam-ination
administered by the Office of
Emergency Medical Services; and
(5) Pass either an Ambulance Attendant
written examination, or an oral exami-nation
at the option of the applicant,
administered by the Office of Emergen-cy
Medical Services; or
OPTION II
8:14 NORTH CAROLINA REGISTER October 15, 1993 1314
PROPOSED RULES
( 1 ) Be at least 1 8 years of age;
(2) Pass a physical examination performed
by a physician documenting the ability
to function as an Ambulance Attendant;
(3) Successfully complete, within one year
prior to application, an Emergency
Medical Technician training course
approved by the Office of Emergency
Medical Services, following guidelines
established by the Commission. When
training was completed over one year
prior to application, a person must
submit evidence of completion of perti-nent
refresher training in emergency
medicine taken in the past year for
approval by the Office of Emergency
Medical Services;
(4) Pass a basic life support practical exam-ination
administered by the Office of
Emergency Medical Services; and
(5) Complete an Emergency Medical Tech-nician
written examination administered
by the Office of Emergency Medical
Services and achieve a minimum score
of 55%.
(b) Persons holding current certification equiva-lent
to an Ambulance Attendant with another state
where the training and certification requirements
have been approved for reciprocity by the Office
of Emergency Medical Services may become
certified by:
(1) Presenting evidence of such certifica-tion
for verification by the Office of
Emergency Medical Services; and
(2) Meeting the criteria specified in Sub-paragraphs
(a)(1) and (a)(2), of this
Rule.
(c) Certification obtained through reciprocity
shall be valid for a period not to exceed the length
of the current certification or a period not to
exceed twe four years whichever is shorter. No
certification shall be valid for a period exceeding
twe four years. Persons who live in a state that
borders North Carolina and are currently affiliated
with an ambulance provider in North Carolina may
continue to obtain a North Carolina certification
through reciprocity if they continue to meet the
recertification requirements in the state in which
they reside. Persons who live in North Carolina
and are currently certified in another state that
borders North Carolina may continue to obtain a
North Carolina certification through reciprocity if
they continue to meet the recertification require-ments
in the state in which they are certified.
Persons who were previously certified in North
Carolina and are currently certified in another state
or with the National Registry of Emergency
Medical Technicians, must present evidence of
pertinent refresher training and skill evaluation
prior to becoming certified through reciprocity.
(d) To become recertified as an Ambulance
Attendant a person must successfully complete
either of the following options:
OPTION I
(1) A physical examination performed by a
physician documenting the ability to
function as an Ambulance Attendant;
(2) An Ambulance Attendant refresher
training program, approved by the
Office of Emergency Medical Services,
following guidelines established by the
Commission;
(3) A basic life support practical examina-tion
administered by the Office of
Emergency Medical Services; or
OPTION II
(1) A physical examination performed by a
physician documenting the ability to
function as an Ambulance Attendant;
(2) A continuing education program taught
or coordinated by an approved EMT
Instructor, following guidelines estab-lished
by the Commission; and
(3) A basic life support skill evaluation(s)
conducted under the direction of the
approved EMT Instructor assessing the
ability to perform the skills of an Am-bulance
Attendant, approved by the
Office of Emergency Medical Services,
following guidelines established by the
Commission.
Statutory Authority G.S. 131E-159(b); 1984 S.L.,
c. 1034.
.1302 CERTIFICATION REQUIREMENTS:
EMERGENCY MEDICAL
TECHNICIAN
(a) To become certified as an Emergency Medi-cal
Technician, a person shall meet the following
criteria:
(1) Be at least 18 years of age;
(2) Pass a physical examination performed
by a physician documenting the ability
to function as an Emergency Medical
Technician;
(3) Successfully complete, within one year
prior to application, an Emergency
Medical Technician training course
1315 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
approved by the Office of Emergency
Medical Services, following guidelines
established by the Commission. When
training was completed over one year
prior to application, a person must
submit evidence of completion of
pertinent refresher training in
emergency medicine taken in the past
year for approval by the Office of
Emergency Medical Services;
(4) Pass a basic life support practical
examination administered by the Office
of Emergency Medical Services; and
(5) Pass an Emergency Medical Technician
written examination administered by the
Office of Emergency Medical Services.
(b) Persons holding current certification
equivalent to an Emergency Medical Technician
with the National Registry of Emergency Medical
Technicians or in another state where the training
and certification requirements have been approved
for reciprocity by the Office of Emergency
Medical Services may become certified by:
(1) Presenting evidence of such
certification for verification by the
Office of Emergency Medical Services;
and,
(2) Meeting the criteria specified in
Subparagraphs (a)(1) and (a)(2) of this
Rule.
(c) Certification obtained through reciprocity
shall be valid for a period not to exceed the length
of the current certification or a period not to
exceed two four years whichever is shorter. No
certification shall be valid for a period exceeding
twe four years. Persons who live in a state that
borders North Carolina and are currently affiliated
with an ambulance provider in North Carolina may
continue to obtain a North Carolina certification
through reciprocity if they continue to meet the
recertification requirements in the state in which
they reside. Persons who live in North Carolina
and are currently certified in another state that
borders North Carolina may continue to obtain a
North Carolina certification through reciprocity if
they continue to meet the recertification
requirements in the state in which they are
certified. Persons who were previously certified
in North Carolina and are currently certified in
another state or with the National Registry of
Emergency Medical Technicians, must present
evidence of pertinent refresher training and skill
evaluation prior to becoming certified through
reciprocity.
(d) To become recertified as an Emergency
Medical Technician a person must successfully
complete either of the following options:
OPTION I
(1) A physical examination performed by a
physician documenting the ability to
function as an Emergency Medical
Technician;
(2) An Emergency Medical Technician
refresher training program approved by
the Office of Emergency Medical Ser-vices,
following guidelines established
by the Commission;
(3) A basic life support practical examina-tion
administered by the Office of
Emergency Medical Services; or
OPTION II
(1) A physical examination performed by a
physician documenting the ability to
function as an Emergency Medical
Technician;
(2) A continuing education program taught
or coordinated by an approved EMT
Instructor, following guidelines estab-lished
by the Commission; and
(3) A basic life support skill evaluation(s)
conducted under the direction of the
approved EMT Instructor assessing the
ability to perform the skills of an Emer-gency
Medical Technician, approved by
the Office of Emergency Medical Ser-vices,
following guidelines established
by the Commission.
Statutory Authority G.S. 1 31 E- 159(b); 1984 S.L.,
c. 1034.
* *
J\otice is hereby given in accordance with G.S.
150B-21.2 that the DHR/Division of Medical
Assistance intends to adopt rule cited as 10 NCAC
26H .0509. The existing Rule 10 NCAC 26H
.0509 will be recodified as 10 NCAC 26H .0510.
1 he proposed effective date of this action is
January 1, 1994.
1 he public hearing will be conducted at 1:30
p.m. on November 16, 1993 at the North Carolina
Division of Medical Assistance, 1985 Urnslead
Drive, Room 132, Raleigh, NC 27626.
8:14 NORTH CAROLINA REGISTER October 15, 1993 1316
PROPOSED RULES
Keason for Proposed Action: Rule necessary to
establish reimbursement for Private Duty Nursing
and Private Duty Nursing - Medical Supplies.
i^omment Procedures: Written comments con-cerning
this adoption must be submitted by Novem-ber
16, 1993, to: Division of Medical Assistance,
1985 Umstead Drive, Raleigh, NC 27626 ATTN:
Clarence Ervin, APA Coordinator Oral comments
may be presented at the hearing. In addition, a
fiscal impact statement is available upon written
request from the same address.
CHAPTER 26 - MEDICAL ASSISTANCE
SUBCHAPTER 26H - REIMBURSEMENT
PLANS
SECTION .0500 - REIMBURSEMENT
FOR SERVICES
.0509 PRIVATE DUTY NURSING
(a) Private duty nursing services are reimbursed
at the lower of billed customary charges or an
established hourly rate. The rate is derived from
the average billed charges per hour in the base
year and, beginning July l^ 1990. is adjusted
annually by the percentage change in the rate for
a skilled nursing visit by a home health agency.
(h) EfFective October l_^ 1993, payment for
Private Duty Nursing Medical Supplies, except
those related to provision and use of DME, shall
be reimbursed at the lower of a provider's billed
customary charges or the maximum fee established
for certified home health agencies. The maximum
amount for each item is determined by multiplying
the prevailing Medicare Part B allowable amount
by 145 percent to account for the allocation of
overhead costs and by 80 percent to encourage
maximum efficiency. Fees will be established
based on average, reasonable charges if a Medi-care
allowable amount cannot be obtained for a
particular supply item. The Medicare allowable
amounts will be those amounts available to the
Division of Medical Assistance as of July X of
each year. This reimbursement limitation shall
become effective in accordance with the provisions
of G.S. 108-A-55(c).
Authority G.S. 108A-25(b); 108A-54: 42 C.F.R.
440.80.
TITLE 11 - DEPARTMENT OF
INSURANCE
ISotice is hereby given in accordance with G.S.
150B-21.2 that the N.C Department of Insurance
intends to amend rule cited as 11 NCAC IIB
.0611.
1 he proposed effective date of this action is
January 1 , 1994.
I he public hearing will be conducted at 10:00
a.m. on November 9, 1993 at the Dobbs Building,
3rd Floor Hearing Room, 430 N. Salisbury Street,
Raleigh. N.C. 27611.
Jxeason for Proposed Action: To update and
clarify the requirements for deposits and excess
insurance for groups of employees that self-insure
their workers ' compensation liabilities.
(comment Procedures: Written comments may be
sent to Ray Martinez at P.O. Box 26387, Raleigh,
N. C. 27611. Oral presentations may be made at
the public hearing. Anyone having questions
should call Ray Martinez at (919) 733-5633 or
Ellen Sprenkel at (919) 733-4529.
CHAPTER 11 FINANCIAL EVALUATION
DIVISION
SUBCHAPTER IIB - SPECIAL PROGRAMS
SECTION .0600 - WORKERS'
COMPENSATION SELF-INSURANCE
.0611 DEPOSITS: BONDS: EXCESS
INSURANCE - GROUPS
(a) Each group shall deposit with the Commis-sioner,
not later than the effective date of cover-age,
cash or acceptable securities, or post a surety
bond issued by a corporate surety, in an amount
equal to ten percent of the group's total annual
premium, but not less than three six hundred
thousand dollars ($300,000) ($600.000) nor to
exceed six hundred thouoand dollars ($600. (X)0) .
For good cause shown If it is actuarially required .
the Commissioner meef shall require a surety bond
or security deposit in excess of #ve six hundred
thousand dollars ($500,000) ($600.000), actuarially
commensurate with the risk of the group .
(b) The amount of the security deposit or bond
required shall be determined at least annually by
1317 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
the Commissioner based on data submitted by the
group to the Commissioner.
(c) Each group shall maintain specific excess
insurance with a limit of at least efte five million
dollars ($1,000,000) ($5.000.Q00) . Groups com-prising
businesses with high risks of multiple
injuries from single occurrences may be required
by the Commisfiioncr to shall maintain higher
limits^ actuarially commensurate with the risks
involved . With respect to specific excess insur-ance,
a group's retention shall be the lowest
retention generally available for groups with
similar exposures and annual premium; but the
Commissioner may, in his discretion, shall require
higher retention levels consistent with the group's
claims experience and financial condition.
Statutory Authority G.S. 58-2-40; 97-93.
J\otice is hereby given in accordance with G.S. 150B-21.2 that the N. C. Department of Insurance intends
to adopt rules cited as 11 NCAC 12 .0712 - .0714, . 1401 - . 1404.
1 he proposed effective date of this action is January 1, 1994.
I he public hearing will be conducted at 10:00 a. m. on November 9, 1993 at the Dobbs Building, 3rd Floor
Hearing Room, 430 N. Salisbury Street, Raleigh, N.C. 27611.
iveason for Proposed Action:
II NCAC 12 .0712 - .0714 - Prescribe disclosure language for new coverages that go into effect January
1. 1994.
11 NCAC 12 .1401 - .1404 - To comply with G.S. 58-67-35(a)(6)d, which requires the Commissioner to
adopt rules for HMO point-of-service plans.
i^omment Procedures: Written comments may be sent to Rodney Finger at P.O. Box 26387, Raleigh, N. C.
27611. Oral presentations may be made at the public hearing. Anyone having questions should call Rodney
Finger (919) 733-5060 or Ellen Sprenkel at (919) 733-4529.
CHAPTER 12 - LIFE AND HEALTH DIVISION
SECTION .0700 - CREDIT INSURANCE AND CREDIT LIFE: ACCIDENT AND
HEALTH INSURANCE
.0712 TRUNCATED COVERAGE NOTICE
The following notice must appear ]n bold print on the face of the individual policy or certificate of
truncated credit insurance:
NOTICE: The death benefit in this policy may not completely pay off your loan.
If the term of your loan is longer than the term of this insurance, the
death benefit is only payable if death occurs during the term of the
insurance. Total disability benefits will not be paid for any period of
8:14 NORTH CAROLINA REGISTER October 15, 1993 1318
PROPOSED RULES
total disability continuing after the termination date shown in the
schedule.
Statutory Authority G.S. 58-2-40: 58-57-20; 58-57-70.
.0713 REVOLVING OR OPEN-END CREDIT
INSURANCE
The following notice must appear m bold print on the face of an individual policy or certificate of credit
insurance written under G.S. 58-57-105 to address the effective date and termination date of coverage:
NOTICE: Coverage will begin when your account has an open balance and will
continue, subject to other provisions m this policy, as long as your
account has an open balance. Coverage will end when your account
does not have an open balance. Coverage will automatically resume
when your account has another open balance, subject to the termina-tion
provisions In this policy.
Statutory Authority G.S. 58-2-40: 58-57-70; 58-57-105.
.0714 AMOUNT OF CREDIT LIFE
INSURANCE
The phrase, "an amount equal to three monthly
installments or the equivalent thereof", as used m
G.S. 58-57-15(a)(l). means an amount that, when
added to the scheduled amount of unpaid indebted-ness
less any unearned interest or finance charges,
does not exceed the initial total amount payable
under the contract of indebtedness.
Statutory Authority G.S 58-2-40; 58-57-15(a)(1);
58-57-70.
SECTION .1400- HMO:
POENTT-OF-SERVICE
.1401 APPLICABILITY AND SCOPE
This Section applies to any HMO that, under
G.S. 58-67-35(a)(6)d. ofibers coverage to its
enrollees for health care services that are received,
other than in an emergency, from:
(1) Providers who are not employed by,
under contract with, or otherwise
affiliated with the HMO: or
(2) Providers who are employed by, under
contract with, or otherwise affiliated with
the HMO in instances when such services
are not received in compliance with the
HMO's health care plan requirements.
Statutory Authority G.S 58-2-40; 58-67-35;
58-67-150.
.1402 DEFINITIONS
In this Section, unless
indicates otherwise:
m
£2}
£3}
£4}
15}
i6i
"Coinsurance" means the percentage of
an allowed charge or expense for a
covered health care service that an
enrollee must pay.
"Copayment" means a fixed dollar
amount that an enrollee must pay each
time a covered health care service is
provided.
"Deductible" means a specified amount
of covered health care services,
expressed in dollars, that must be
incurred by an enrollee before the HMO
will assume any financial liability for all
or part of covered health care services.
the context clearly
"In-plan covered services" means covered
health care services that are received
according to the rules of the health care
plan from providers employed by. under
contract with, or approved in advance by
the HMO; and means emergency health
care services.
"Out-of-plan covered services" means
non-emergency, medically necessary
covered health care services that are not
received according to the rules of the
health care plan, including services from
affiliated providers that are received
without the approval of the HMO.
"Out-of-pocket expense" means a
specified dollar amount of coinsurance
incurred and payable by an enrollee for
covered health care services in a
specified period; but does not include
deductible amounts, copayment amounts,
charges in excess of the amount allowed
by the HMO, amounts exceeding the
1319 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
I
maximum benefits, nor any disallowed or
noncovered expenses under the rules of
the health care plan.
(7) "Point-of-service product" means a
feature in a health care plan that provides
benefits for both in-plan covered services
and out-of-plan covered services.
(8) The definitions contained in G.S. 58-67-5
are incorporated into this Section by
reference.
Statutory Authority
58-67-150.
G.S. 58-2-40; 58-67-35;
\
>
,1403 GE>fERAL REQUIREMEISTS
No HMO shall provide any point-of-service
product unless it complies with the following
requirements and with G.S. 58-67-10(d)(l):
(1) Where the covered benefits of a
point-of-service product include
coinsurance, the difiFerence in coinsurance
rates between in-plan covered services
and out-of-plan covered services shall not
exceed 30 percentage points.
(2) If the schedule of benefits for a
point-of-service product imposes a
deductible for in-plan covered services,
the amount of any annual deductible per
enrollee or per family for out-of-plan
covered services may not exceed five
times the amount of the corresponding
annual deductible applied to in-plan
covered services.
("3) If the schedule of benefits for a
point-of-service product does not include
an annual deductible for in-plan covered
services, the annual deductibles for
out-of-plan covered services shall not
exceed two thousand dollars ($2000) per
enrollee and the family deductible may
not exceed three times the amount of the
corresponding annual deductible for the
enrollee.
(4) The portion of any charge for out-of-plan
covered services to be applied to an
annual deductible may be based on the
amount the HMO would have recognized
as an allowable charge had the service
been rendered as an in-plan covered
service.
(5) If there is a lifetime maximum benefit for
in-plan covered services, the amount of
any annual and lifetime maximum limits
for out-of-plan covered services shall not
be less than one-half of the amount of
(61
01
£8)
19}
(10)
any annual and lifetime maximum limits
for in-plan covered services.
If a point-of-service product includes
copayments for both in-plan covered
services and out-of-plan covered services,
the amount of the copayment for an
out-of-plan covered service shall not
exceed the copayment for an in-plan
covered service by more than fifty dollars
($50.00) or 100%. whichever is greater.
A point-of-service product shall make all
mandated benefits available in the form
of in-plan covered services.
Point-of-service products shall provide
incentives, including financial incentives,
for enroUees to use in-plan covered
services.
Any offered out-of-plan covered service
must be available on an in-plan covered
service basis.
A HMO ofiFering a point-of-service
product may exclude coverage for
preventive health care services provided
on an out-of-plan basis.
Point-of-service products shall give
enrollees the option to choose in-plan
covered services or out-of-plan covered
services each time such covered services
are authorized, obtained, or rendered.
Statutory Authority
58-67-150.
G.S 58-2-40; 58-67-35;
.1404 DISCLOSURE REQUIREMENTS
(a) Every explanation of benefits shall contain
an explanation of coverage for out-of-plan covered
services that allows each enrollee to determine his
or her obligations with respect to such services.
(b) All marketing materials, evidences of
coverage, enrollee handbooks, and other materials
given to enrollees by an HMO that off'ers a
point-of-service product shall contain an
explanation of the point-of-service product. The
explanation shall include:
(1) the method of reimbursement;
applicable copayment and deductible
amounts;
any other uncovered costs or charges:
the covered health care services that an
enrollee may receive on an out-of-plan
basis; and
instructions for submittal of claims for
£2}
13}
14}
(5}
out-of-plan covered services.
Statutory Authority G.S 58-2-40; 58-67-35;
8:14 NORTH CAROLINA REGISTER October 15, 1993 1320
PROPOSED RULES
58-67-150.
I\otice is hereby' given in accordance with G.S.
150B-21.2 that the N.C. Department of Insurance
intends to amend rule cited as 11 NCAC 16 .0302.
1 he proposed effective date of this action is
January 1 , 1994.
J. he public hearing will be conducted at 10:00
a.m. on November 9, 1993 at the Dobbs Building,
3rd Floor Hearing Room, 430 N. Salisbury Street,
Raleigh. N.C. 27611.
Ixeason for Proposed Action: To conform to
statute changes made during the 1993 session of
the General Assembly.
i^omment Procedures: Written comments may be
sent to Wblter James at P.O. Box 26387, Raleigh,
N.C. 27611. Oral presentations may be made at
the public hearing. Anyone having questions
should call miter James (919) 733-3284 or Ellen
Sprenkel at (919) 733-4529.
CHAPTER 16 - ACTUARIAL SERVICES
DIVISION
SECTION .0300 - SMALL EMPLOYER
GROUP HEALTH INSURANCE
.0302 RESTRICTIONS ON PREMIUM
RATES
(a) Each class of business shall have its own rate
manual. The rate manual will be used to:
(1) Audit the actuarial certification with
regards to the relationship of one em-ployer
group to the others within a
class; and
(2) Determine compliance with the relation-ship
of one class to the other classes.
(h) The requirement in G.S. 58-50-130rb)(2)
that within a class the premium rates charged
during a rating period to small employers shall not
vary from the index rate by more than 35 percent
25% shall be met as follows:
(1) The carrier shall calculate for each
class of business, using the rate manual
for that class, an index rate for each
plan of benefits and for each small
employer census within that class of
business.
(2) For each small employer within a given
class of business, the carrier shall cal-culate
the ratio of the premium rate
charged the small employer during the
rating period to the index rate for the
census, plan of benefits, and class of
business of that small employer calcu-lated
in Subparagraph (1) of this Para-graph.
(3) TTie ratio calculated in Subparagraph
(2) of this Paragraph shall be between
.65 and 1.35 .75 and 1.25 , inclusive.
Other methods may be used if the results, using
the method in this Paragraph, meet the require-ments
of this Rule.
(c) The requirement in G.S. 58-50- 130fb)(l) that
the index rate for a rating period for any class of
business shall not exceed the index rate for any
other class of business by more than 25 percent
12.5% shall be met as follows:
(1) The carrier shall define a representative
census of its business and a representa-tive
actuarially equivalent plan of bene-fits.
(2) The carrier shall calculate an index rate
based upon Subparagraph ( 1 ) of this
Paragraph for each class of business.
(3) The carrier shall identify the class of
business with the lowest index rate.
(4) The ratio of the index rate calculated
for each class of business in Subpara-graph
(2) of this Paragraph to the low-est
index rate identified in Subpara-graph
(3) of this Paragraph shall be
between 1.00 and +t35 1.125 . inclu-sive.
Any change in the representative census or repre-sentative
actuarially equivalent plan of benefits
used in Subparagraphs (1) through (4) of this
Paragraph shall be specifically documented and the
test must be performed on both the previous and
new census or actuarially equivalent plan of
benefits at the time of change; and the results of
both tests shall be disclosed within the annual
actuarial certification filing. Other methods may
be used if the results, using the method in this
Paragraph, meet the requirements of this Rule.
(d) The acceptability of a proposed rate increase
for a small employer for health benefit plans
issued on or after January 1, 1992, shall be deter-mined
as follows:
(1) Calculate a new business premium rate
for the new rating period using the rate
1321 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
manual, the actual census and plan of
benefits for the small employer at the
beginning of the new rating period.
(2) Calculate a now business premium rate
for the prior rating period using the rate
manual, the actual census and plan of
benefits for the small employer at the
beginning of the prior rating period.
(3) Divide Subparagraph (1) of this Para-graph
by Subparagraph (2) of this
Paragraph and multiply this quotient by
the gross premium in eflFect at the
beginning of the prior rating period.
This product is the maximum renewal
premium for the new rating period
associated with G.S. 58-50- 130(b)(3)a
and G.S. 58-50- 130(b)(3)c;
(4) Subparagraph (3) of this Paragraph may
be adjusted by a percentage of the gross
premium in force before renewal. This
percentage shall not exceed 15 percent
per year prorated for the months
elapsed between the previous and the
new rating dates.
(5) Multiply Subparagraph (3) of this Para-graph
by one plus the percentage in
Subparagraph (4) of this Paragraph.
The maximum renewal gross premium is Subpara-graph
(5) of this Paragraph if Paragraph (b) of this
Rule is satisfied. If the resulting maximum renew-al
gross premium calculated in Subparagraph (5) of
this Paragraph does not satisfy Paragraph (b) of
this Rule, then the maximum renewal gross premi-um
shall be adjusted until Paragraph (b) of this
Rule is satisfied. Other methods may be used if
the results, using the method in this Paragraph,
meet the requirements of this Rule.
(e) The acceptability of a proposed rate increase
for a small employer for health benefit plans
issued before January 1, 1992, shall be determined
as follows:
(1) Calculate a new business premium rate
for the new rating period using the rate
manual, the actual census and plan of
benefits for the small employer at the
beginning of the new rating period.
(2) Calculate a new business premium rate
for the prior rating period using the rate
manual, the actual census and plan of
benefits for the small employer at the
beginning of the prior rating period.
(3) Divide Subparagraph (1) of this Para-graph
by Subparagraph (2) of this
Paragraph and multiply this quotient by
the gross premium in eflFect at the
beginning of the prior rating period.
This product is the maximum renewal
premium for the new rating period
associated with G.S. 58-50- 130(b)(7)a
and G.S. 58-50- 130(b)(7)h
The maximum renewal gross premium in Subpara-graph
(3) of this Paragraph is not subject to Para-graphs
(b) and (c) of this Rule during a three-year
transition period ending January 1, 1995. After
January 1, 1995, the acceptability of a proposed
rate increase for a small employer shall be based
only on Paragraph (d) of this Rule. Other methods
may be used if the results, using the method in this
Paragraph, meet the requirements of this Rule.
Statutory Authority G.S. 58-2-40; 58-50-1 30(h).
TITLE 15A - DEPARTMENT OF
ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
jy/otice is hereby given in accordance with G.S.
150B-21.2 that the Department of Environment,
Health, and Natural Resources, Division of Soil
and Witer Conservation intends to adopt rules
cited as 15A NCAC 6F .0001 - .0005.
1 he proposed effective date of this action is
February 1, 1994.
1 he public hearings will be conducted on the
following dates arui locations:
7:00 pm
Nov 8, 1993
Vernon James Center
Plymouth, NC
7:00 pm
Nov 15, 1993
Clinton Civic Center
414 Vhrsaw Road
Clinton, NC 28328
7:00 pm
Nov 17. 1993
Mitchell Community College
Shearer Hall
Statesville, NC
7:00 pm
Nov 22, 1993
Asheville Middle School
Auditorium
8:14 NORTH CAROLINA REGISTER October 15, 1993 1322
PROPOSED RULES
Asheville, NC
MXeason for Proposed Action: The NC Soil and
Wjter Conservation Commission (SWCC) has
prepared procedures and guidelines for two activi-ties
associated with the Environmental Manage-ment
Commission's (EMC) 1993 amendments to
the Nondischarge Rule (15A NCAC 2H .0200).
The two activities in the procedures are:
1. Establish the process by which an individ-ual
may- become designated as a "Techni-cal
Specialist" and sign the certification
forms that must be submitted to the Divi-sion
of Environmental Management by
owners of confined animal operations.
2. Establish the process that an owner of a
confined animal operation must complete
to receive a "certification " that the opera-tion
meets the requirements previously
established by the EMC.
ne Soil and Witer Conservation Commission and
the Local Soil and W2ter Conservation Districts
are cooperating with the EMC by providing assis-tance
to owners of confined animal operations in
securing certification in order to be "deemed
permitted". The SWCC procedure will not redefine
any requirements established by the EMC for
buffers, set-backs, size of operation, etc.
(comment Procedures: All persons interested in
these matters are invited to attend the public
hearings. Oral presentation time allowance may
be limited at the discretion of the hearing officer
and comments must also be submitted in writing
when longer than three minutes. Written com-ments
are encouraged and may be presented at the
public hearings or submitted to James Cummings,
Division of Soil and Vhter Conservation, P.O. Box
27687. Raleigh, NC 27611-7687. To request
further information call (919) 733-2302. Mailed
written comments must be postmarked by Novem-ber
22. 1993.
IT IS VERY IMPORTANT THAT ALL INTEREST-ED
AND POTENTIALLY AFFECTED PERSONS,
GROUPS, BUSINESSES, ASSOCIATIONS. INSU-TUTIONS
OR AGENCIES MAKE THEIR VIEWS
AND OPINIONS KNOWN TO THE SOIL AND
WATER CONSERVATION COMMISSION
THROUGH THE PUBLIC HEARING AND COM-MENT
PROCESS, WHETHER THEY SUPPORT
OR OPPOSE ANY OR ALL PROVISIONS OF THE
PROPOSED RULES THE COMMISSION MAY
MAKE CHANGES TO THE RULES AT THE
COMMISSION MEETING IF THE CHANGES
COMPLY WITH as I50B-21.2(f).
CHAPTER 6 - SOIL AND WATER
CONSERVATION COMMISSION
SUBCHAPTER 6F - PROCEDURES AND
GUIDELINES TO IMPLEMENT THE
NONDISCHARGE RULE FOR ANIMAL
WASTE MANAGEMENT SYSTEMS
.0001 PURPOSE
This Subchapter describes the operating proce-dures
and guidelines to implement the provisions
of 15A NCAC 2H .0200 - Waste Not Discharged
To Surface Waters ; for those provisions charged
to the Soil and Water Conservation Commission in
15A NCAC 2H .0217, hereinafter called the
Nondischarge Rule for Animal Waste Management
Systems. As the lead State agency for agricultural
nonpoint source pollution control, the Soil and
Water Conservation Commission, through these
procedures and guidelines, will coordinate the
efforts of the Soil and Water Conservation Dis-tricts
to further the proper conservation and utiliza-tion
of farm generated by-products (nutrients,
wastes, compost, water) in connection with animal
waste management systems and coordinate the
Districts' efforts with those of the Environmental
Management Commission and the Division of
Environmental Management.
Statutory Authority G.S 139-2: 139-4; 1438-294.
.0002 DEFEVITIONS OF TERMS
The terms used in this Subchapter shall be as
defined in OS, 139-4; 143-215.74; 143B-294;
15A NCAC 2H .0203; 15A NCAC 6E .0002; and
as follows:
LU "Agronomic Rates " means those amounts
12}
of animal waste or compost to be applied
to lands as contained in the nutrient
management standard of the USDA Soil
Conservation Service Technical Guide
Section IV or as recommended by the
North Carolina Department of Agricul-ture
and the North Carolina Cooperative
Extension Service at the time of certifica-tion
by the Technical Specialist for the
animal waste management plan.
"Certification" means the certification
required in the Nondischarge Rule for
Animal Waste Management Systems
(15A NCAC 2H .0217).
1323 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
(3) "DEM" means the Division of Environ-mental
Manasement, Department of
Environment. Health and Natural Re-sources,
and the agency to receive the
certification forms and responsible for
enforcement of I5A NCAC 2H .0200.
(4) "Design Approval Authority" means that
authority granted by the Commission to
an individual to certify that a BMP or the
system of BMPs for waste management
has been designed to meet the standards
and specifications of practices adopted by
the Commission.
(5) "Installation Approval Authority" means
that authority granted by the Commission
to an individual to certify a BMP or
system of BMPs for waste management
has been installed to meet the standard of
practices adopted by the Commission.
(6) "Technical Specialist" means an individu-al
designated by the Commission to
certify an entire or portion of an animal
waste management plan.
Statutory Authority G.S. 139-4; 143B-294.
.0003 REQUIREMENTS FOR
CERTIFICATION OF WASTE
MANAGEMENT PLANS
(a) Owners of Animal waste management sys-tems
are required in 15A NCAC 2H .0217(a)(1) to
obtain certification that the system will properly
collect, treat, store, or apply animal waste to the
land such that no discharge of pollutants occurs to
surface waters of the state by any means except as
a result of a storm event more severe than the 25-
year, 24-hour storm as required in 15A NCAC 2H
.0203(3).
(b) The certification is to be made by a Techni-cal
Specialist designated pursuant to this Subchap-ter,
and will confirm that the best management
practices (BMPs) contained in the animal waste
management plan meet applicable minimum stan-dards
and specifications. BMPs in an existing
system are not required to meet current standards
and specifications as established by the Commis-sion
as long as the system is certified to be non-discharging
as required in 15A NCAC 2H
.0203(3).
(c) More than one Technical Specialist may be
consulted for the design of BMPs and installation
of BMPs. A Technical Specialist must certify the
entire animal waste management plan as installed.
(d) Upon receiving a certification from a
Technical Specialist, the owner must submit a copy
of the certification to DEM and a copy of both the
certification and the waste management plan to the
District in which the system is or is to be located.
(e) The District shall review the waste
management plan and, within 30 days of receipt of
the plan, notify the owner, DEM and the Division
if the District does not concur that the certification
was signed by an approved Technical Specialist
and that the waste management plan satisfies the
purpose of proper conservation and utilization of
farm generated animal by-products. If the
District. upon review. concurs with the
certification, no further action is required.
(f) The District shall maintain a complete copy
of all animal waste management plans and the
accompanying certification form.
(g) If the District does not concur with the
authority of the approving Technical Specialist or
the waste management plan, and if either the
owner or the DEM requests that the District
reconsider its decision, the District shall review its
decision and within 45 days of the request, notify
the owner, DEM, and the Division of the
District's final decision. The District is
encouraged to utilize other technical specialists,
local agricultural agencies and disinterested
agriculmral producers in reconsidering its initial
decision. If the District fails to act within 45 days
on a request for reconsideration, the District's
initial decision shall become final.
(Ii) An owner not receiving concurrence from
the District may request that the Commission
mediate a dispute over concurrence.
(i) The review process of the District does not
abrogate the responsibilities of the owner to obtain
a certification and of DEM requirements for an
individual nondischarge permit.
{]} An owner who does not obtain a certification
is not deemed permitted pursuant to G.S. 143-
215.19(d) and must apply for an individual permit
from the Division of Environmental Management.
Nothing in these Rules prohibits permit appeal
rights pursuant to the rules of the Environmental
Management Commission.
(k) A proposed modification of an animal waste
management plan requires approval by a Technical
Specialist.
(1) Any modifications made in the system as a
result of changes in the operation such as types
and numbers of animals, equipment, or crops,
must be in accordance with the BMP standards and
specifications approved by the Commission and in
effect at the time of the modification.
(m) A change in the cropping pattern as a result
of weather-caused delays after application of
8:14 NORTH CAROLINA REGISTER October 15, 1993 1324
PROPOSED RULES
animal waste shall not require the owner to obtain
a new certification as long as the owner followed
the certified waste management plan application
rates and no discharge occurs to surface waters.
(n) The certifying Technical Specialist and the
District are not required to spot check or otherwise
assure proper maintenance and operation of an
animal waste management system installed to meet
the DEM certification requirements. Enforcement
of the Nondischarge Rule for Animal Waste
Management Systems (15A NCAC 2H .0217) shall
remain the responsibility of DEM.
Statutory Authority G.S. 139-4; 1438-294.
.0004 APPROVED BEST
MANAGEMENT PRACTICES
(BMPs)
(a) The Commission will approve a list of BMPs
that are acceptable as part of an approved animal
waste management system . The list of BMPs will
be approved annually fby August JJ and revised as
needed during the year by the Commission.
{bl As required by DEM in \5\ NCAC 2H
.0217. a BMP or system of BMPs designed and
installed for an animal waste management plan
must either:
m meet the minimum standards and
12}
specifications of the US Department of
Agriculture Soil Conservation Service
Technical Guide. Section IV or
minimum standards and specifications
as otherwise determined by the
Commission; or
receive an approved individual
nondischarge permit as required for the
animal waste management system
.
BMPs approved for use in the
Agriculture Cost Share Program for
Nonpoint Source Pollution Control are
hereby approved for these purposes.
(c) Land application BMPs following the
nutrient management standard contained in the
Section IV of the SCS Technical Guide or as
recommended by the North Carolina Department
of Agriculture and the Cooperative Extension
Service are acceptable. In cases where agronomic
rates are not specified in the Nutrient Management
Standard for a specific crop or vegetative type,
application rates may be determined using the best
judgement of the certifying Technical Specialist
after consultation with NCDA or CES.
(d) Exemptions from the minimum buffer
requirements for animal waste storage and
treatment facilities and animal concentration areas
are acceptable if no practical alternative exists and
the BMP installed as an equivalent control meets
the requirements for Nondischarge except as a
result of a storm event more severe than the 25-
year. 24-hour storm.
Statutory Authority G.S. 139-4; 143B-294.
.0005 TECHNICAL SPECIALIST
DESIGNATION PROCEDURE
(a) The Commission may designate individuals
or groups of individuals as Technical Specialists.
to assist owners m animal waste management plan
development and certification. No rights are
afforded to Technical Specialists by this
designation.
(h) Design or Installation approval authority of
Technical Specialists may be for specific BMPs or
a system of BMPs to be applied to complete an
entire or a portion of an animal waste management
plan.
(c) The following persons are Technical
Specialists:
(1) Individuals who have been assigned
Design and Installation approval
authority by the USDA, Soil
Conservation Service, the NC
Cooperative Extension Service or the
NC Department of Agriculture:
Professional engineers subject to "The
North Carolina Engineering and Land
Surveying Act" as rewritten by Session
Laws 1975. c.681. s. 1. and recodified;
and
Individuals designated by the
Commission.
121
13}
(d) TTiose individuals not designated in
Subparagraph (c)(1) or £2j of this Rule must apply
and receive recommendation by two-thirds vote of
the members present at a scheduled meeting of the
Commission, or of a committee established for this
purpose, based on the minimum qualifications as
established by the Commission. A copy of the
minimum requirements for skill and experience
will be available at the District field office. The
NPS Section of the Division will keep on file all
application forms and provide a list of these
Technical Specialists approved by the Commission.
or its committee to all Districts. Tlie list will
designate the BMPs or system of BMPs for which
the Technical Specialist has received design or
installation certification approval
.
(e) The Commission, or a committee established
for this purpose, shall meet quarterly as long as
there are Technical Specialist applications to
1325 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
review. An individual must provide to the NPS
Section of the Division an application (provided by
the NPS Section) and supporting documentation by
the second Wednesday of the first month of a
quarter in order to have an application reviewed
for designation that quarter.
(f) The Commission or its committee, may
rescind the authority of a Technical Specialist for
a specific BMP or aH BMPs upon receipt of a
written complaint and a vote of two-thirds of the
members in attendance at a scheduled meeting.
Statutory Authority G.S. 139-4; 143B-294.
TITLE 21 - OCCUPATIONAL
LICENSING BOARDS
niotice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Board of
Pharmacy intends to adopt rules cited as 21 NCAC
46 . 1606 - 1607 and . 2306.
1 he proposed effective date of this action is
March 1. 1994.
1 he public hearing will be conducted at 2:00
p.m. on November 30, 1993 at the Institute of
Pharmacy, 109 Church Street, Chapel Hill, North
Carolina.
Jxeason for Proposed Action:
21 NCAC 46 .1606 - To require a personal ap-pearance
at the Board office prior to issuance of
any original pharmacy permit or device-dispensing
permit, or prior to approval for dispensing by a
nurse or physician 's assistant.
21 NCAC 46 .1607 - To set out requirements for
all out-of-state pharmacies that ship, mail, or
deliver in any manner a dispensed legend drug into
this State.
21 NCAC 46 .2306 - To prohibit the selling, use
for commercial purposes, or transfer of informa-tion
in patient pharmacy records, except as permit-ted
under 21 NCAC 46 . 1806 and . 2502(h).
Lyomment Procedures: Persons wishing to present
oral data, views or arguments on a proposed rule
or rule change, may file a Notice with the Board
at least 10 days prior to the public hearing at
which the person wishes to speak. Comments
should be limited to 10 minutes. The Board's
address is RO. Box 459, Carrbow, NC 27510-
0459. Any person may file written submission of
comments or argument at any time up to and
including December 2, 1993.
CHAPTER 46 - BOARD OF
PHARMACY
SECTION .1600 - LICENSES
AND PERMITS
. 1 606 REQUIREMENT OF
PERSONAL APPEARANCE
Prior to issuance of any original permit or device
dispensing permit, or prior to approval for dis-pensing
by a nurse or physician's assistant, the
following persons must appear personally at the
Board office on the first Monday of the month, the
Monday before the monthly Board meeting, or
such other time as scheduled with the Board's
staff:
(1) the pharmacist-manager for the applicant
pharmacy;
(2) the person in charge of the device-dis-pensing
permit;
(3) the nurse applying for approval for dis-pensing
and the supervising pharmacist;
and
(4) the physician's assistant applying for
approval for dispensing and the supervis-ing
pharmacist.
Statutory Authority G.S 90-18.1; 90-18.2; 90-
85. 3(a), (r); 90-85. 6; 90-85. 21; 90-85. 22.
.1607 OUT-OF-STATE PHARMACIES
(a) In addition to the requirements of 21 NCAC
46 .1601 and .1603 z 1605. out-of-state pharma-cies
that ship, mail, or deliver in any manner a
dispensed legend drug into this State must comply
with the following:
(1) Pay a fee of Two Hundred Fifty Dol-lars
($250.00) for original registration
and thereafter pay a fee of one hundred
twenty-five dollars ($125.00) for annual
renewal of registration;
(2) Maintain, m readily retrievable form,
records of prescription drugs dispensed
to North Carolina residents;
(3) Supply all information requested by the
Board in carrying out the Board's re-sponsibilities
under the statutes and
regulations pertaining to out-of-state
pharmacies;
(4) Comply with all statutory and regulato-ry
requirements of the State of North
8:14 NORTH CAROLINA REGISTER October 15, 1993 1326
PROPOSED RULES
Carolina for dispensing prescriptions,
including labeling, record keeping, and
drug product selection;
(5) Develop and provide the Board with a
policy and procedure manual that sets
forth:
(A) normal delivery protocols and times:
(B) the procedure to be followed if the
patient's medication is not available at
the out-of-state pharmacy, or if deliv-ery
will be delayed beyond the normal
delivery time;
(C) the procedure to be followed upon
receipt of a prescription for an acute
illness, which policy shall include a
procedure for delivery of the medica-tion
to the patient from the out-of-state
pharmacy at the earliest possible
time (such as courier delivery), or an
alternative that assures the patient the
opportunity to obtain the medication
at the earliest possible time; and
(D) the procedure to be followed when the
out-of-state pharmacy is advised that
the patient's medication has not been
received within the normal delivery
time and that the patient is out of
medication and requires interim dos-age
until mail prescription drugs
become available:
(6) Maintain a pharmacist-manager who has
a valid license to practice pharmacy in
North Carolina. The pharmacist-man-ager
must comply with all statutory and
regulatory requirements of the State of
North Carolina, including 21 NCAC 46
.2502. If at any time the pharmacist-manager
so designated shall leave the
employment of the pharmacy, the phar-macy
shall promptly notify the Board
and designate another pharmacist cur-rently
licensed in North Carolina as
pharmacist-manager;
(7) Disclose the location, names, and titles,
of all principle corporate officers,
partners, or owners of the pharmacy.
Disclose the names and license numbers
of all pharmacists and, if available, the
names and license or registration num-bers
of all supportive personnel em-ployed
by the out-of-state pharmacy
who deliver, dispense, or distribute, by
any method, prescription legend drugs
to an ultimate user in this State. A
report containing this information shall
18}
lAl
m
19}
be made on an annual basis and within
thirty days after each change of office,
corporate officer, partnership, owner,
or pharmacist;
Submit evidence of possession of a
valid license, permit, or registration as
a pharmacy in compliance with the laws
of the state in which the pharmacy is
located. Such evidence shall consist of
one of the following:
a copy of the current license, permit.
or registration certificate issued by the
regulatory or licensing agency of the
state in which the pharmacy is locat-ed;
or
a letter from the regulatory or licens-ing
agency of the state in which the
pharmacy is located certifying the
pharmacy's compliance with the
pharmacy laws of that state;
Designate a resident agent in North
Carolina for service of process. Any
such out-of-state pharmacy that does
not so designate a registered agent shall
be deemed to have appointed the Secre-tary
of State of the State of North Caro-lina
to be its true and lawful attorney
upon whom process may be served.
All legal process in any action or pro-ceeding
against such pharmacy arising
from shipping, mailing or delivering
prescription drugs in North Carolina
shall be served on the resident agent.
In addition, a copy of such service of
process shall be mailed to the out-of-state
pharmacy by certified mail, return
receipt requested, at the address of the
out-of-state pharmacy as designated on
the application for a permit filed with
the Board. Any such out-of-state phar-macy
which does not obtain a permit m
this State, shall be deemed to have
consented to service of process on the
Secretary of State as sufficient service;
(b) The facilities and records of such out-of-state
pharmacy shall be subject to inspection by the
Board; provided however, the Board may accept in
lieu thereof satisfactory inspection reports by the
licensing entity of the state in which the pharmacy
is located.
(c) When there is a conflict between stamtes or
rules of North Carolina and those of the state in
which the pharmacy is located, the more stringent
of the two shall apply.
(d) Any person who ships, mails or delivers
1327 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
prescription drugs to North Carolina residents
from more than one out-of-state pharmacy shall
obtain a separate North Carolina out-of-state
pharmacy license for each pharmacy.
(e) An out-of-state pharmacy license shall expire
on December 31 of each year.
Statutory Authority G.S. 90-85.6; 90-85. 21A; 90-
85.26; 90-85.28; 90-85.29; 90-85.30; 90-85.32.
SECTION .2300 - PRESCRIPTION
INFORMATION AND RECORDS
.2306 CONFIDENTIALITY OF PATIENT
PHARMACY RECORDS
Information in patient pharmacy records shall not
be sold, used for commercial purposes or trans-ferred,
except as permitted under 21 NCAC 46
1806 and .250201) .
Statutory Authority G.S. 90-85.6; 90-85.36.
jyiotice is hereby given in accordance with G.S.
150B-21.2 that the Therapeutic Recreation Certifi-cation
Board intends to adopt rules cited as 21
NCAC 65 .0001 - .0013.
1 he proposed effective date of this action is
January 1 , 1994.
1 he public hearing will be conducted at 10:00
a.m. on November 17, 1993 at the Durham Re-gional
Hospital, Public Auditorium, 3643 N.
Roxboro St. , Durham, N. C. 27704.
MXeason fiyr Proposed Action: For enactment of
Chapter 90C Therapeutic Recreation Personnel
Certification Act and the establishment of the TRC
Board.
l^omment Procedures: All v^ritten comments must
be submitted to Becky Garrett, CTRS/TRS. Execu-tive
Director TRCB, P. O. Box 67, Saxapahaw, NC
27340, up to and including November 17, 1993.
Written comments submitted after the deadline will
not be considered.
CHAPTER 65 - THERAPEUTIC
RECREATION CERTIFICATION BOARD
.0001 NAME - SHORT TITLE
The North Carolina State Board of Therapeutic
Recreation Certification shall be recognized as the
Therapeutic Recreation Certification Board
(TRCB).
Statutory Authority G.S. 90C-4(a).
.0002 EXECUTIVE DIRECTOR
QUALIFICATIONS
The Executive Director, an Independent Contrac-tor
hired by TRCB. shall not be a member of the
Board, will be certified by TRCB as a Therapeutic
Recreation Specialist, hold a Master's degree or
higher in Therapeutic Recreation, and have two to
four years of progressive and responsible experi-ence
in the field of Therapeutic Recreation.
Statutory Authority G.S. 90C-5(j); 90C-6(4);
90C-7.
.0003 OFFICERS, EXECUTIVE
COMMITTEE
The oflficers of TRCB. (Chair. Vice-Chair.
Secretary) and the Executive Director (ex-officio)
shall be considered the Executive Committee and
shall be given the authority to carry out business
deemed necessary between regularly scheduled
meetings of TRCB.
Statutory Authority G. S. 90C-5(h).
.0004 PROFESSIONAL CONDUCT
COMMITTEE
A Professional Conduct Committee consisting of
a minimum of three certified practitioners (mini-mum
two TRS's). will be appointed by TRCB for
the purpose of TRCB investigating any suspected
violations of G.S. 90C. Upon verbal or written
notification of suspected violations of any provi-sions
of G.S. 90C. TRCB will refer the same to
the Professional Conduct Committee for investiga-tion,
fact finding and recommendations. Upon
completion of the investigation the Professional
Conduct Committee will report the findings of the
investigation and any recommendations for disci-plinary
action to the TRCB for decision and
enforcement.
Statutory Authority G.S. 90C-6(8).
.0005 MEETINGS
(a) The Board shall conduct two annual reviews
of applicants for certification within one month of
application deadline.
8:14 NORTH CAROLINA REGISTER October 15, 1993 1328
PROPOSED RULES
(b) The Board may hold additional announced
business meetings each year, to conduct business
of the TRCB.
(c) TRCB members will be sent written notice
30 days prior to meetings.
(d) A request for an excused absence should be
made to the Executive Director a minimum of two
weeks or \A days in advance of the meeting. If a
member of TRCB has more than one unexcused
absence in a calendar year their resignation and a
replacement by appointment will be requested.
Statutory Authority G. S. 90C-5(i).
.0006 EXEMPTIONS (EXPIRED MARCH 1,
1991)
It is the interpretation of the Board under G.S.
90C-9 that other options, TRS, G.S.
90C-9(l))(2)(3) for TRS certification and TRA
certification. G.S. 90C-9(c)(2)(3)(4)(5) expired as
e.xemptions on March j_j 1991.
Statutory Authority G.S 90C-9; 90C-16.
.0007 RECIPROCITY'
(a) TRCB will certify without examination any
person currently certified as a CTRS or a CTRA
by the National Council for Therapeutic Recreation
Certification (NCTRC) when written evidence,
with current expiration date, is provided to support
a TRCB application presented.
(b) Anyone who is currently registered, certified
or licensed by another state may apply for
certification by TRCB by the reciprocity procedure
with evidence that they meet current standards of
G.S. 90C.
Statutory Authority G.S. 90C-15.
.0008 ACADEMIC - TRS EXAMINATION
(a) TRCB shall provide to all applicants for
certification as a Therapeutic Recreation Specialist.
(TRS). a written examination at least once a year.
(b) A national examination for Therapeutic
Recreation Specialists administered by Educational
Testing Service (ETS) will be used to evaluate the
qualifications of applicants for certification. The
e.xam shall be given in a central geographic area
within the state.
(1 > Qualifications: In order to qualify to
take the examination candidates must
meet the following requirements:
(A) Candidates must present evidence
(Official Transcripts) of a
baccalaureate degree or higher from
an accredited college or university
with a major in therapeutic recreation
or a major in recreation and an
option/emphasis in therapeutic
recreation.
(B) Coursework must reflect a minimum
of three courses that the title, course
description and course outline reflect
recreation content.
(C) Coursework must reflect a minimum
of three courses that the title, course
description and course outline reflect
therapeutic recreation content.
(D) Supportive course work is to include
a minimum of fS semester or 27
quarter hours from three of the
following six areas: psychology,
sociology, physical/biological science,
special education, human services,
and/or adapted physical education.
Effective January 1995. Supportive
coursework. must include a minimum
of three semester/quarter hours of
anatomy, three semester/quarter of
physiology, three semester/quarter of
abnormal psychology and three
semester/quarter hours in human
growth and development.
(E) Candidates must have completed a
360-hour. 10-week internship or field
placement experience in a clinical,
residential. or community-based
therapeutic recreation program under
an agency supervisor who is currently
certified by TRCB and NCTRC.
(2) Passing requirements, reporting of
scores, retaking the exam, cancellations
and review of the exam by unsuccessful
applicants will be conducted according
to the rules established by ETS.
Statutory Authority G. S.
90C-9c(4).
90C-9b(l)(2)(4);
.0009 PROVISIONAL TRS
Upon receipt of an application demonstrating
compliance with the academic requirements each
candidate will receive a letter allowing the use of
the Title. Provisional Therapeutic Recreation
Specialist (P-TRS) until the results of the exam are
known. If the candidate does not pass the
examination the use of Provisional TRS is no
longer permitted.
Statutory Authority G. S. 90C-9d.
1329 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
,0010 CERTIFICATION FEES
(a) An additional fee will be charged by the
Educational Testing Service based on the cost of
administration of the examination: the fee will be
payable to ETS.
(h) A biannual Communications fee of fifteen
dollars ($15.00) will be charged by TRCB to cover
expenses for an annual report, newsletters, and
directory to be sent to all those certified. The fee
will be collected in the year that certification
renewal is due.
Statutory Authority G.S. 90C-10.
.0011 CERTIFICATE RENEWALS (EFFECTIVE JULY 1, 1995)
(a) Continuing Professional Education/Experience Requirements: During the two year certification period.
Continuing Education and Continuing Professional Experience will be required for certification renewal
.
Candidates for Certification Renewal as a TRS have a choice from two of three options to earn a minimum
of 40 points to renew their certification. Candidates for Certification as a TRA must accrue their points
from Professional Experience and Continuing Education options. The options, their definitions and their
point values are listed in this Paragraph
.
Option #1: Professional Experience (20 points)
Option #2: Continuing Education (20 points)
Option ^3: Examination (TRS Only) (40 points)
Component Description Point Value
Professional a minimum of 20 points (10 per year)
Experience 144 hours (72
hours per year)
Continuing 4 CEU's (2 CEU's. 20 20 points (10 per year)
Education contact hours annually)
Examination passing score on TRS 40 points
(TRS Only) certification exam
(b) Professional Experience Component: If this component is selected to complete for renewal
requirements, a minimum of 144 hours of therapeutic recreation experience must be earned within the two
year certification period. The hours can be accumulated through the performance of the following
professional roles.
(1) Direct service deliverer - delivers service directly to clients or groups of clients as a therapeutic
recreation specialist or a therapeutic recreation assistant by performing assessments, developing
individual programs and treatment plans, documenting the assessments and interventions, working
on an interdisciplinary team, performing outreach activities, etc.
(2) Supervisor ; supervises therapeutic recreation personnel in the direct delivery of service to
clients.
(3) Administrator ; administers a department or a division which includes therapeutic recreation.
(4) Educator - teaches courses or a program in therapeutic recreation.
(5) Consultant ; performs consulting services in therapeutic recreation for organizations, educational
institutions, agencies or corporations.
(6) Volunteer - volunteers services performed in any of the various roles described in Subparagraphs
(b)(1) through (b)(5) of this Rule.
(7) Professional Service/ Paid or Volunteer ; includes professional boards, councils, legislative work.
8:14 NORTH CAROLINA REGISTER October 15, 1993 1330
PROPOSED RULES
standards development, curriculum development, etc., as this service relates to therapeutic
recreation.
(8) Student ; participates in internships or supervised in-service education and training.
(c) Continuing Education Component: The continuing education component includes a wide range of
continuing education activities that are typically available to Therapeutic Recreation Specialists and
Therapeutic Recreation Assistants. Continuing Education Points (CEP's) are measured according to the
equivalency of an educational contact hour (50 minutes of actual classroom/instructional time, excluding
registration time and breaks). Continuing Eklucation Units (CEU's) will also be recognized and will be
translated into CEP's as follows:
iii 1 CEP = 1 contact hour = 0.1 CEU
{2} 10 CEP's = 10 contact hours = 1.0 CEU
(d) CEP's can be accumulated [n one or several of three categories:
(1) continuing education courses and experiences, or
(2) academic courses, or
(3) professional publications and presentations.
Each of these three is explained in this Rule.
(e) Continuing Education Courses and Experiences such as symposia, seminars, etc. are accepted if they
are approved by a professional therapeutic recreation organization at the local, state, or national level, that
uses the National or International Council on Continuing Education Standards or through a therapeutic
recreation-related group (such as a hospital or other agency) or through a college/university that uses
national continuing education standards.
The content of the continuing education experiences must be linked directly to the knowledge areas of
therapeutic recreation specialist from the National Job Analysis Study conducted by National Council For
Therapeutic Recreation Certification (NCTRC). The major categories of therapeutic recreation knowledge
areas are:
(1) Background Information
(2) Diagnostic Groupings and Populations served
(3) Assessment
(4) Planning the Program
(5) Implementing the Program/Treatment
(6) Documentation and Evaluation
(7) Organizing and Managing Services
(8) Advancement of the Profession
Only study via self-study courses that are credited by an acceptable continuing education granting agency
as described in this Paragraph will be accepted.
(f) Academic Courses
(1) Credit equivalents for completing academic coursework are:
1 semester = 15 Contact hours = 15 CEP's
1 trimester = 14 Contact hours = 14 CEP's
i quarter = 10 Contact hours = 10 CEU's
(2) Credit equivalents for audited academic coursework are:
1 semester = 8 Contact hours = 8 CEP's
1 trimester = 7 Contact hours = 7 CEP's
i quarter = 5 Contact hours = 5 CEU's
The content of academic courses should also be linked to the knowledge areas of the National Job Analysis
Study conducted by NCTRC.
(g) Professional F^iblications and Presentations: Credit for the following professional publications and
presentations may be requested:
Editorials 5 CEP's
Articles on original research 15 CEP's
Newsletter article 2 CEP's
Editing a textbook 15 CEP's
Authoring a textbook chapter 15 CEP's
Journal Articles 10 CEP's
Journal reviews or book review 5 CEP's
1331 8:14 NORTH CAROLINA REGISTER October 15, 1993
PROPOSED RULES
Research abstract
Textbook
Unpublished masters or doctoral thesis
Presentations at professional meetings
2
20
10
2
CEP's
CEP's
CEP's
CEFs per 50 minutes of lecture-
Credit will not be given for repeat or multiple presentations of the same seminar, in-service, conference,
original papers or poster presentation.
No more than 10 CEP's can be earned in the area of presentations and publications.
(h) Examination: If the examination component is chosen. Therapeutic Recreation Specialists will be
required to take the current examination for professional level certification. The examination must be taken
and passed within the two years of current certification. For example, a TRS certified in November of 1993
can take the exam as early as November of 1994 but no later than November of 1995 to count this
component toward renewal requirements.
Statutory Authority as. 90C-9c(4).
,0012 REINSTATEMENT
A person who has allowed his or her certification
to lapse shall complete a new application for
certification which recognizes the standards in
effect at the time. If the Board determines that the
certification should be reinstated, it shall issue a
certificate renewal to the applicant.
Statutory Authority G.S 90C-12.
.0013 REVOCATION
(a) When it is reported to TRCB in writing that
a certified person has been convicted of a crime
that indicates the person is unfit or incompetent to
practice Therapeutic Recreation; an investigation
will be conducted by TRCB or by the Professional
Conduct Committee appointed by TRCB. TRCB
will then take necessary action in response to the
findings of the Committee.
(b) Revocation of certification will also occur
for any of the following reasons:
(1) Obtaining or attempting to obtain
certification by fraud or deception.
(2) Knowingly assisting another to obtain
or attempt to obtain credentialling by
fraud or deception.
(3) Unauthorized use of certification or
14)
(5)
(61
ialsification of credentials.
Unauthorized possession or distribution
of certifying agency testing or exam
materials, including copying and repro-ducing
exam questions and problems.
Misstatement of material fact or failure
to make statement of material fact in
application or statement or representa-tion
to any certifying board.
Falsifying information required for
admission to exam, impersonating
another examinee, or falsifying educa-tion
or credentials on application.
(7) Copying answers, permitting another to
copy answers or providing or receiving
unauthorized advice about the exam
content during the examination.
(8) Failure to pay certification fees.
(c) The Board will remain in compliance with
the American Disabilities Act when conducting
investigation of a person who has a mental or
physical disability or uses any drugs to a degree
that would endanger the public.
Statutory Authority G.S. 90C-14(2)(3).
8:14 NORTH CAROLINA REGISTER October 15, 1993 1332
RRC OBJECTIONS
1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S.
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d).
ADMINISTRATION
Department of Administration's Minimum Criteria
1 NCAC 39 .0101 - Purpose
No Response from Agency
Agency Responded
Agency Revised Rule
1 NCAC 39 .0301 - Exceptions to Minimum Criteria
No Response from Agency
Agency Responded
Agency Revised Rule
AGRICULTURE
North Carolina State Fair
2 NCAC 20B .0102 - Traffic Regulations
Agency Revised Rule
2 NCAC 20B .0106 - General
2 NCAC 20B .0204 - Forfeiture
Agency Revised Rule
Plant Industry
2 NCAC 48C .0023 - Analysis for Farmers or Seedmen
Agency Revised Rule
ENVIRONMEIVT, HEALTH, AND NATURAL RESOURCES
Coastal Management
15A NCAC 7H .2002 - Approval Procedures
15A NCAC 7H .2004 - General Conditions
Environmental Management
15A NCAC 2H .0610 - Permit Requirements for Toxic Air Pollutants
Agency Revised Rule
15A NCAC 2H .1110 - Implementation
Agency Responded
Agency Responded
Agency Responded
Agency Responded
No Response from Agency
Agency Responded
15A NCAC 2L .0103 - Policy
RRC Objection 06/17/93
Obj. Cont d 07/15/93
Obj. Cont d 08/20/93
Obj. Removed 09/17/93
RRC Objection 06/17/93
Obf Cont d 07/15/93
Obj. Cont d 08/20/93
Obj. Removed 09/17/93
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
RRC Objection
RRC Objection
09/17/93
09/17/93
RRC Objection 09/17/93
Obj. Removed 09/17/93
RRC Objection 02/18/93
Obj. Contd 03/18/93
Obf Contd 05/19/93
Obf Contd 06/17/93
Obj. Contd 07/15/93
Obj. Contd 08/20/93
Obj. Removed 09/1 7/93
RRC Objection 09/17/93
1333 8:14 NORTH CAROLINA REGISTER October 15, 1993
RRC OBJECTIONS
Agency Revised Rule
15A NCAC 2L .0104 - RS Designation
Agency Revised Rule
15A NCAC 2L .0113 - Variance
Agency Revised Rule
15A NCAC2L .0201 - Groundwater Classifications
Agency Revised Rule
Health: Epidemiology
15A NCAC 19B .0301 - Application for Initial Permit
Agency Revised Rule
15A NCAC 19B .0304 - Conditions for Renewal of Permit
Agency Revised Rule
15A NCAC 19B .0309 - Qualification of Mainteruince Personnel
Agency Revised Rule
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
Health: Personal Health
ISA NCAC 21D .0501 - Allowable Foods
Agency Revised Rule
ISA NCAC 21D . 1204 - Client Eligibility
Agency Revised Rule
ISA NCAC 21D . 1207 - Payment for Reimbursable Services
Agency Revised Rule
HUMAN RESOURCES
Children's Services
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
10 NCAC 41R .0002 - Administration and Organization
Agency Responded
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
RRC Objection 07/1S/93
Obj. Contd OS/20/93
Obj. Contd 09/17/93
Eff. 10/01/93
Medical Assistance
10 NCAC 263 .0112 - North Carolina Specialty Hospital Services
Agency Revised Rule
RRC Objection
Obj. Removed
09/17/93
09/17/93
LICENSING BOARDS AND COMMISSIONS
Foresters
21 NCAC 20 .0020 - Certification of Consulting Foresters
21 NCAC 20 .0021 - Rejection of Consultant Affidavit
21 NCAC 20 .0022 - Handling of Complaints
RRC Objection 09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
Landscape Architects
21 NCAC 26 .020S - Forms of Practice
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
21 NCAC 26 .0207 - Application of Professional Seal
Rule Returned to Agency
RRC Objection 06/17/93
07/1S/93
Eff. 08/01/93
RRC Objection 06/17/93
07/1S/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1334
RRC OBJECTIONS
Agency Filed Rule for Codification Over RRC Objection
21 NCAC 26 .0208 - Improper Conduct
Rule Returned to Agency'
Agency Filed Rule for Codification Over RRC Objection
Social Work
21 NCAC 63 .0210 - Provisional Certificates
Agency Rex'ised Rule
Agency Revised Rule
PUBLIC EDUCATION
Elementary and Secondary Education
16 NCAC 6C .0312 - Certificate Suspension and Revocation
Agency Rexised Rule
REVENUE
Eff. 08/01/93
RRC Objection 06/1 7/93
07/15/93
Eff. 08/01/93
RRC Objection 08/20/93
RRC Objection 08/20/93
Obj. Removed 09/17/93
RRC Objection
Obj. Removed
09/17/93
09/17/93
Departmental Rules
17 NCAC IC .0502 - Method of Payment
Agency Revised Rule
17 NCAC IC .0503 - EFT Definitions
Agency Revised Rule
Sales and Use Tax
17 NCAC 7B .1907 - Scrap Tire Disposal Tax
Agency Re\ised Rule
TRANSPORTATION
RRC Objection 09/17/93
Obj. Removed 09/17/93
RRC Objection 09/1 7/93
Obj. Removed 09/17/93
RRC Objection
Obj. Removed
09/17/93
09/17/93
Division of Highways
19A NCAC 2B .0162 - Delegation to Manager of Program and Policy
Agency Revised Rule
19A NCAC 2B .0164- Use of Right of Why Consultants
Agency Revised Rule
19A NCAC 2B .0208 - Uniform Traffic Control Devices
Agency Revised Rule
19A NCAC 2B .0225 - Blue Star Memorial Highway Signs
Agency Rex'ised Rule
19A NCAC 2B .0602 - Obtaining a Driveway Construction Permit
Agency Withdrew Rule
19A NCAC 2D .0801 - Pre-Qualifying to Bid: Requalification
19A NCAC 2D .0802 - Invitation to Bid
19A NCAC 2D .0803 - Advertisement and Invitations for Bids
19A NCAC 2D .0815 - Rejection of Bids
Agency Revised Rule
19A NCAC 2D .0821 - Return of Bid Bond or Bid Deposit
19A NCAC 2D .0825 - Confidentiality of Cost Estimates and Bidding Lists
Agency Revised Rule
19A NCAC 2E .0217 - Specific Information Program Definitions
RRC Objection 09/17/93
Obj. Removed 09/1 7/93
RRC Objection 09/1 7/93
Obj. Removed 09/17/93
RRC Objection 09/17/93
Obj. Removed 09/1 7/93
RRC Objection 09/17/93
Obj. Removed 09/17/93
09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
RRC Objection 09/17/93
Obj. Removed 09/17/93
RRC Objection 09/17/93
RRC Objection 09/1 7/93
Obj. Removed 09/17/93
RRC Objection 09/17/93
1335 8:14 NORTH CAROLINA REGISTER October 15, 1993
RRC OBJECTIONS
>
Agency Revised Rule
19A NCAC 2E .0220 - Composition of Signs
Agency Revised Rule
19A NCAC 2E .0222 - Contracts with the Department
Agency Revised Rule
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
09/17/93
09/17/93
09/17/93
09/17/93
09/17/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1336
RULES INVALIDATED BY JUDICIAL DECISION
1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court,
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which
invalidate a rule in the North Carolina Administrative Code.
1 NCAC 5A .0010 - ADMINISTRATIVE PROCEDURES
Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared two portions
of Rule 1 NCAC 5A .0010 void as applied in Stauffer Information Systems, Petitioner v. The North Carolina
Department of Community Colleges and The North Carolina Department of Administration, Respondent and
The University of Southern California, Intervenor-Respondent (92 DOA 0666).
10 NCAC 3H .0315(b) - NURSING HOME PATIENT OR RESIDENT RIGHTS
Dolores O. Nesnow, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 3H .0315Cb) void as applied in Barbara Jones, Petitioner v. North Carolina Department of Human
Resources, Division of Facility Ser\ices, Licensure Section, Respondent (92 DHR 1192).
10 NCAC 3R .1124(f) - ACCESSIBILIT\' TO SERVICES
Beecher R. Gray. Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 3R .1124(f) void as applied in Britthaven, Inc. d/b/a Britthaven of Morganton, Petitioner v. N.C.
Department of Human Resources, Division of Facility Serxices, Certificate of Need Section, Respondent and
Valdese Nursing Home. Inc. , Respondent-Intervenor (92 DHR 1785).
ISA NCAC 30 .0201(a)(1)(A) - STDS FOR SHELLFISH BOTTOM & WATER COLUMN LEASES
Julian Mann IIL Chief Administrative Law Judge with the Office of Administrative Hearings, declared Rule
15A NCAC 30 .0201(a)(1)(A) void as applied in William R. Willis, Petitioner v; North Carolina Division of
Marine Fisheries, Respondent (92 EHR 0820).
15A NCAC 19A .0202(d)(10) - CONTROL MEASLHES - HIV
Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 15A
NCAC 19A .0202(d)(10) void as applied in ACT-UP TRIANGLE (AIDS Coalition to Unleash Pov^-er Triangle),
Steven Harris, and John Doe. Petitioners v. Commission for Health Services of the State of North Carolina,
Ron Levine, as Assistant Secretary of Health and State Health Director for the Department of Emironment,
Health, and Natural Resources of the State of North Carolina, William Cobey, as Secretary of the Department
of Emironment. Health, and Natural Resources of the State of North Carolina, Dr. Rebecca Meriwether, as
Chief, Communicable Disease Control Section of the North Carolina Department of Environment, Health, and
Natural Resources, Vijyne Bobbitt Jr . as Chief of the HIV/SID Control Branch of the North Carolina
Department of Emironment, Health, and Natural Resources , Respondents (91 EHR 0818).
1337 8:14 NORTH CAROLINA REGISTER October 15, 1993
CONTESTED CASE DECISIONS
1 his Section contains the full text of some of the more significant Administrative Law Judge decisions
along with an index to all recent contested cases decisions which are filed under North Carolina 's
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698.
AGENCY
CASE
NUMBER AJUI
n\TEOF
DECISION
PUBLISHED DECISION
REGISTER CITATION
ADMINISTRATION
LMS Express, Inc. v. Administration, Div of Purchase & Contract 92 DOA 0735
StaufFer Information Systems v. Community Colleges &. Administration 92 DOA 0803
McLaurin Parking Co. v. Administration 92 DOA 1662
Warren H. Amngton Jr. v. Division of Purchase & Contract 93 DOA 0132
ALCOHOLIC BEVERAGE CONTROL COMMISSION
Morgan 06/04/93
West 06/10/93
Morrison 04/02/93
West 07/21/93
8:7 NCR 613
8:3 NCR 320
Alcoholic Beverage Control Comm. v. Aim Oldham McDowell
Curtis R^ Lynch v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Conun. v. Ezra Everett Rigshee
Alcoholic Beverage Contnal Comm. v. Partnership, Phillip Owen Edwand
Gary Morgan Neugent
Azzat Aly Amer
Kirty Ronald Eldridge
Gloria Black McDuffie
Larry Isacc Hailstock
V. Author^ Ralph Cccchini Jr.
Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. '
Alcoholic Beverage Control Comm. '
Alcoholic Beverage Control Comm.
Johrmie L. Baker v. Alcoholic Beverage Control Commission
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace
Alcoholic Beverage Control Comm. v. Mermaid, Inc.
Alcoholic Beverage Control Comm. v. Majdi Khalid Wahdan
Cornelius Hines T/A Ebor^ Lour^e v. Alcoholic Beverage Ctl. Comm.
Alcoholic Beverage Control Comm. v. Homer I^trick Godwin Jr.
Alcoholic Beverage Control Comm. v. Wanda Lou Ball
Charles Anthonious Morant v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Billy Fincher McSwain Jr.
Jean Hoggard Askew v. Alcoholic Beverage Control Commission
ABC Comm. v. Partnership/T/A Conotheis Comty Clr &. Pri\Bte Club
Alcoholic Beverage Control Comm. v. James Elwood Alphin
Alcoholic Beverage Control Comm. v. James WtlHam Campbell
Barbara Locklear v. Alcoholic Beverage Control Commission
Zachary Andre Jones v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Richard Donald James Jr.
William Vernon Franklin & Gene Carroll Daniels v. ABC Commission
Charles Edward Hare, Club Paradise v. Alcoholic Beverage Ctl. Comm.
Alcohlic Beverage Control Comm. v. Partnership t/a RJ's Store
Alcoholic Bev. Control Comm. v. Mild & Wild, Inc., Sheila Scholz
92 ABC 0260 Morgan 04/01/93
92 ABC 0288 Gray 05/18/93
92 ABC 0702 WesI 07/30/93
92 ABC 0978 Gray 05/28/93
92 ABC 1086 Becton 03/22/93
92 ABC 1 149 Reilly 09/01/93
92 ABC 1153 Chess 04/26/93
92 ABC 1476 West 05/26/93
92 ABC 1483 Reilly 04/07/93
92 ABC 1690 Morgan 06/29/93
92 ABC 1735 Chess 05/07/93
93 ABC 0002 Morrison 07/02/93
93 ABC 0047 Gray 05/28/93
93 ABC 0076 Gray 08/04/93
93 ABC 0087 Becton 07/06/93 8:9 NCR 785
93 ABC 0118 Morrison 08/04/93
93 ABC 0125 Reilly 05/13/93
93 ABC 0182 Nesnow 07/29/93
93 ABC 0232 Chess 07/20/93
93 ABC 0239 Gray 08/26/93
93 ABC 0255 West 09/10/93
93 ABC 0318 Reilly 07/22/93
93 ABC 0326 Gray 08/26/93
93 ABC 0327 Gray 08/09/93
93 ABC 0395 West 09/14/93
93 ABC 0421 West 09/13/93
93 ABC 043
1
Nesnow 09/01/93
93 ABC 0570 Reilly 09/17/93
93 ABC 0644 Gray 08/10/93
93 ABC 0860 Mann 09/29/93
93 ABC 1475 Nesnow 03/23/93
COMMERCE
Lester Moorc v. Weatheri2ation Assistance Program
CRIME CONTROL AND PUBLIC SAFETY
93 COM 0105 Gray 03/08/93
George W. I^ylor v. Crime Victims Compensation Comm.
Steven A. Bamer v. Crime Victims Compensation Comm.
Anthoriy L. Hart v. Victims Compensation Comm.
Jermifer Ayers v. Crime Victims Compensation Comm.
Janie L. Howard v. Crime Victims Compensation Comm.
Isabelle Hyman v. Crime Victims Compensation Comm.
James G Pellom v. Crime Control &. Public Safely
Norman E. Brown v. Victims Compensation Commission
91 CPS 1286 Morgan 04/27/93
92 CPS 0453 Nesnow 06/01/93
92 CPS 0937 Chess 03/01/93
92 CPS 1195 Reilly 03/19/93
92 CPS 1787 Reilly 03/26/93
92 CPS 1807 Morrison 05/24/93
93 CPS 0034 Gray 05/05/93
93 CPS 0141 West 07/07/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1338
CONTESTED CASE DECISIONS
AGENCY
Moses H. Cone Mem Hosp v. Victims Compensation Conim.
David & Jane Spano v. Crime Control &l F^ihlic Safely
Phillip Edward Moorc v. Crime Control & Public Safety
Norma Jean Purkelt v. Crime Victims Compensation Comm.
Sheila Carter v. Crime Control and Public Safety
John Willie Leach v. Crime Victims Compensation Comm.
Nellie R. Mangum v. Crime Victims Compensation Comm.
Constance Brown v. Crime Victims Compensation Comm.
Susan Coy v. Crime Victims Compensation Commission
CASE DATE OF
NUMBER ALJ DECISION
93CPS 0152 Nesnow 04/02/93
93 CPS 0160 Ne«now 07/30/93
93 CPS 0169 Nesnow 05/20/93
93 CPS 0205 Wcsl 08/27/93
93 CPS 0249 Morgan 08/25/93
93 CPS 0263 Morrison 05/20/93
93 CPS 0303 Morrison 06/08/93
93 CPS 035
1
Reilly 05/24/93
93 CPS 0623 Reilly 09/22/93
PUBLISHED DECISION
REGISTER CITATION
8:3 NCR 327
8:10 NCR 862
8:12 NCR 1171
<
ENVIRONMENT. HEALTH. AND NATURAL RESOURCES
Charles L. Wilson v. Environment, Health, &. Natural Resources
J. Bruce Mulligan v. Environment, Health, &. Natrual Resources
Michael D. Barnes v. Onslow Cty HIth &. Environment and EHR
William E. Finck v. Environment, Health. & Natural Resources
Utl(^ C. Stallings v. Environment, Health. & Natural Resources
A.J. Ballard Jr.. Tire &. Oil Co.. Inc. v. En\'.. Health, &. Nat. Res.
Safew^ Removal. Inc. v. Environment. Health, &. Natural Res.
White Oak Chapter of the Izaak Walton League, Inc., and
National Parks and Conservation Association. Inc. v.
Division of Solid Waste Management. EHR and Haywood County
Elizabeth City/I^quotank Cty Mun Airport Aulh v. EHNR
Interstate Brands Corp &. Donald Leffew v. Env.. Health, & Nat. Res.
Ser\'ice Oil Company v. Environment, Health, & Natural Resources
Interstate Brands Corp & Donald Leffew v. Env.. Health, & Nat. Res.
Residents of Camm & Shell v. Health Environmental - Septic Tank Div.
City of Salisbury v. Environment, Health, & Natural Resources
Willie M. Watford v. Hertford Gates District Health Department
Standard Speciality Contractors, Inc. v. EHNR
Shav-xqi A. Jaber v. Envirormient, Health, & Natural Resources
Angela Power, Albert Power v. Children's Special Health Svcs.
Rayco Utilities, Inc. v. Environment, Health. & Natural Resources
Erby Lamar Grainger v. Environment, Health, & Natural Resources
Mustafa E. Essa v. Environment, Health, & Natural Resources
Charlie Garfield Mcpherson Swine Farm v. Env., Health, &. Nat. Res.
Roselta Brim^e, Vanessa f^ck v. Ertv. Health of C^a^'en County
R.L. Stowe Mills, Inc. v. Environment, Health, tS: Natural Resources
O.C. Stafford /Larry Haney v. Montgomery Cty. Health Dept.
Fred M. Grooms v. Errvironment, Health, & Natural Resources
Bobty Anderson v. Environment, Health, & Natural Resources
Shell Bros. Dist., Inc. v. Environment, Health, & Natural Resources
Fred C. Gosnell Sl wife, I^tricia T. Gosnell v. Env., Health. & Nat. Res.
Holding Bros., Inc. v. Environment. Health, & Natural Resources
Hamilton Beach/Proctor-Silex. Inc. v. Environment. Health. & Nalrl Res
91 EHR 0664 Morgan 03/23/93
91 EHR 0773 W«it 07/13/93
91 EHR 0825 Morgan 06/21/93
92 EHR 0040 Gray 06/14/93
92 EHR 0062 Gray 03/15/93
92 EHR 0754 Nesnow 08/30/93
92 EHR 0S26 West 03/12/93 8:1 NCR 83
92 EHR 0881 West 09/14/93
92 EHR 1140 Gray 04/13/93
92 EHR 1201*" Reilly 08/12/93
92 EHR 1205 Reilly 05/27/93
92 EHR 1224*" Reilly 08/12/93
92 EHR 1462 Morrison 08/25/93
92 EHR 1472 Morrison 04/22/93
92 EHR 1600 Chess 03/24/93
92 EHR 1660 Reilly 05/21/93
92 EHR 1784 Becton 07/07/93
93 EHR 0008 Becton 03/24/93
93 EHR 0063 Morrison 09/17/93
93 EHR 0071 Reilly 06/21/93
93 EHR 0146 Gray 03/29/93
93 EHR 0181 Reilly 07/23/93 8:10 NCR 870
93 EHR 0206 Nesnow 05/20/93
93 EHR 0219 Morrison 08/11/93 8:11 NCR 996
93 EHR 0224 Gray 06/07/93
93 EHR 0276 West 08/27/93 8:12 NCR 1176
93 EHR 0299 Reilly 06/07/93
93 EHR 0308 Becton 05/18/93
93 EHR 0340 Becton 08/11/93
93 EHR 0380 Nesnow 08/03/93 8:11 NCR 1001
93 EHR 0477 Reilly 06/29/93
i
HUMAN RELATIONS COMMISSION
Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 92 HRC 0560 Becton 09/07/93 8:13 NCR 1287
Human Relations Comm. on behalf of Maisha Crisco v. Hayden Morrison 93 HRC 0167 Reilly 08/18/93 8:12 NCR 1168
HUMAN RESOURCES
O.C. Williams v. Human Resources
Ronald Terry Brown v. Human Resources
Dennis K. King v. Human Resources
Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources
Raymond L. Griffin v. Human Resources
O.C. Williams v. Human Resourc^es
Michael L. Ray v. Human Resources
Randy Chambliss v. Human Resources
Melvin White v. Human Resources
Joseph R. KH\'aliauskas Jr. v. Human Resources
Larry D. Boyd v. Human Resources
91 CSE0036*- Morgan 03/30/93
91 CSE0249 Morgan 05/17/93
91 CSE 1122 Morgan 07/28/93
91 CSE 1131 Morgan 08/24/93
91 CSE 1148 Morgan 08/24/93
91 CSE 1158*= Morgan 03/30/93
91 CSE 1173 Morgan 05/17/93
91 CSE 1187 Morgan 04/28/93
91 CSE 1192 Morgan 05/17/93
91 CSE 1204 Morgan 07/29/93
91 CSE 1214 Morgan 08/24/93
i
Consolidated cases.
1339 8:14 NORTH CAROLINA REGISTER October 15, 1993
CONTESTED CASE DECISIONS
I
>
>
AGENCY
JefiFerson D. Bcylen v. Human Resources
Jefifery D. Williams v. Human Resources
Jerry L. Summere v. Human Resources
Samuel E. Massenbetg Jr. v. Human Resources
William A. Dixon v. Human Resources
Gregory L. Washington v. Human Resources
Edwin Clarke v. Human Resources
Dw^ne Allen v. Human Resources
Edwin Ivester v. Human Resources
Connie F Epps, Otis Junior Epps v. Human Resources
Tyrone Aiken v. Human Resources
Everett M. Eaton v. Human Resources
Edftaid E. Brandon v. Human Resources
Darrell W. Russell v. Human Resources
John Henry Byrd v. Human Resources
Michelle D. Moblcy v. Human Resources
Gus W. Lx)ng Jr. v. Human Resources
Robert E. Watson v. Human Resources
Byron Christopher Williams v. Human Resources
James W. Bell v. Human Resources
Charles W. Stall Jr. v. Human Resources
Eric Stanley Stokes v. Human Resources
Clayton L. Littleton v. Human Resources
Frank E. Johnson v. Human Resources
David Rollins v. Human Resources
Willie Sam Brown v. Human Resources
Lyndell Greene v. Human Resources
Charles Swann v. Human Resources
Michael Anthony Dean v. Human Resources
Leroy Snuggs v. Human Resources
James P. Miller ID v. Human Resources
Herbert H. Fordham v. Human Resources
Jack Dulq v. Human Resources
Larry L. Crowder v. Human Resources
Carlos Bemaid Davis v. Human Resources
Ocie C. Williams v. Human Resources
Terrance Freeman v. Human Resources
Floyd Excell Stafford v. Human Resources
Timothy Brian EUer v. Human Resources
Charles S. Ferrer v. Human Resources
Ronald H. Lockl^ v. Human Resources
Rene Thomas Rittenhouse v. Human Resources
Thomas Edward Williamson v. Human Resources
Roy Chester Robinson v. Human Resources
Lynwood McClinton v. Human Resources
Timothy Scott Long v. Human Resources
David W. Williams v. Human Resources
William E. Ingram v. Human Resources
Harold R. Pledger v. Human Resources
Carl Beard v. Human Resources
Henry Alston Jr. v. Human Resources
Michael W. Bentley v. Human Resources
Dale Robert Stuhrc v. Human Resources
James T Carter Jr. v. Human Resources
Tommy Malone v. Human Resources
James C. Dixon Jr. v. Human Resources
Timotlty R. Currence v. Human Resources
Wallace M. Cooper v. Human Resources
Jarvis N. Price v. Human Resources
Thomas L. Yates v. Human Resources
Robert E. Tarlton Sr. v. Human Resources
Rodney Devaid Clemons v. Human Resources
James A. Coleman v. Human Resources
Lee Richard Jones v. Human Resources
Romeo F. Skapple v. Human Resources
Jeffrey L. Garrett v. Human Resources
Edward Kirk v. Human Resources
William C. Hubbaid v. Human Resources
CASE DATE OF PUBLISHED DECISION
NUMBER ALJ DECISION REGISTER CITATION
91 CSE 1217 Morgan 05/17/93
91 CSE 1231 Morgan 04/28/93
91 CSE 1234 Morgan 07/28/93
91 CSE 1249 Morgan 05/17/93
91 CSE 1277 Morrison 03/04/93
92 CSE 0075 Morgan 04/01/93
92 CSE 0129 Morgan 05/17/93
92 CSE 0196 Morgan 03/31/93
92 CSE 0268 Nesnow 03/30/93
92 CSE 1182 Reilly 07/22/93
92 CSE 1217 Gray 06/17/93
92 CSE 1221 Reilly 07/27/93
92 CSE 1237 Gray 04/16/93
92 CSE 1249 Beeton 04/20/93
92 CSE 1250 Reilly 06/04/93
92 CSE 1256 Nesnow 04/15/93
92 CSE 1263 Gray 08/16/93
92 CSE 1265 Reilly 05/06/93
92 CSE 1270 Nesnow 04/26/93
92 CSE 1311 Nesnow 05/10/93
92 CSE 1313 Mann 07/06/93
92 CSE 1316*' Reilly 03/25/93
92 CSE 1317 Morrison 09/02/93
92 CSE 1326 Reilly 08/16/93
92 CSE 1334 Morrison 05/06/93
92 CSE 1338 Morrison 09/15/93
92 CSE 1346 Nesnow 04/16/93
92 CSE 1347 West 09/16/93
92 CSE 1356 Morrison 08/13/93
92 CSE 1360 Morrison 04/15/93
92 CSE 1361 Gray 04/16/93
92 CSE 1362 Nesnow 07/19/93
92 CSE 1374 Gray 07/16/93
92 CSE 1396 Reilly 04/15/93
92 CSE 1404 Peiily 04/15/93
92 CSE 1405 Mann 06/25/93
92 CSE 1411 Mann 06/07/93
92 CSE 1412 Reilly 08/31/93
92 CSE 1414 Reilly 04/20/93
92 CSE 1416 Mann 04/15/93
92 CSE 1418 Nesnow 04/20/93
92 CSE 1421 Nesnow 04/20/93
92 CSE 1422 Reilly 04/20/93
92 CSE 1423 Reilly 04/15/93
92 CSE 1424 Reilly 09/15/93
92 CSE 1445 Beeton 06/29/93
92 CSE 1448 Nesnow 07/19/93
92 CSE 1450 Reilly 04/15/93
92 CSE 1455 Morrison 05/20/93
92 CSE 1459 Reilly 09/08/93
92 CSE 1460 Beeton 06/29/93
92 CSE 1512 Nesnow 06/09/93
92 CSE 1516 Reilly 05/11/93
92 CSE 1517 Mann 08/31/93
92 CSE 1520 Mann 05/07/93
92 CSE 1522 Beeton 05/11/93
92 CSE 1523 Reilly 09/09/93
92 CSE 1527 Reilly 05/11/93
92 CSE 1531 Morrison 05/12/93
92 CSE 1535 Gray 05/10/93
92 CSE 1536 Gray 05/17/93
92 CSE 1539 Gray 05/10/93
92 CSE 1540 Reilly 05/11/93
92 CSE 1541 Reilly 09/08/93
92 CSE 1545 Gray 04/26/93
92 CSE 1557 Gray 04/22/93
92 CSE 1560 Gray 06/29/93
92 CSE 1562 Mann 05/12/93
8:14 NORTH CAROLINA REGISTER October 15, 1993 1340
CONTESTED CASE DECISIONS
AGENCY
William Michael Przytysz v. Human Resources
Edv^id Fitch V. Human Resources
David Robinette v. Human Resources
Kil C. Elmore v. Human Resources
Brian C. Gilmore v. Human Resources
Philip S. Piercy v. Human Resources
Anthony McLaughlin v. Human Resources
Johni^ W. Cooke v. Human Resources
Roland L. Essaff v. Human Resources
Isaac Maxwell v. Human Resources
Donald J. R^ v. Human Resources
Charles Wayne Pierce v. Human Resources
Donna G. Knotb v. Human Resources
Donald R. Williams v. Human Resources
McKinlcy Clyhurn v. Human Resources
Henry L. T^lor v. Human Resources
Tony TTiorpe v. Human Resources
Jetfery D. Williams v. Human Resources
Ronald Sowell v. Human Resources
Billy Smith v. Human Resource